Allowed

M. Narsimulu Goud v. The State of Telangana

Telangana HC1 Mar 2021CRLP/1261/2021

Case brief

AI extract

What is this about?

The High Court of Telangana granted anticipatory bail to three accused persons charged under the Narcotic Drugs and Psychotropic Substances Act. The court observed that though samples were mixed by authorities, the petitioners were not present during collection. Considering their readiness to abide by conditions and lack of prior criminal record, the petitions were allowed subject to surrender and

What did the court decide?

All criminal petitions allowed; petitioners granted anticipatory bail subject to surrender within 4 weeks and execution of personal bond with sureties.

M. Narsimulu Goud Vs The State of Telangana — Narcotics (NDPS) | Telangana HC (2021)

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IN TIIE HIGH COT,RT FOR THE STATE OF TELANGANA AT HYDERABAD

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[ -]lsn I

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MONDAY. THE FIRST DAY OF MARCH TWO THOUSAND AND TWENTY ONE ,Z

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:PRESENT:

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THE HON'BLE JUSTICE G.SRI DEVI

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',.

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CRIMINAL PETITION NOS: 1255, 1257 & t26t OF 2021

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CRL.P. NO. 1256 0F 2021: Between:

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K. Niranjan Goud, S/o. K. Chennaiah Goud.

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Petitioner/Accused-2

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A}.'I)

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The State of Telangana, Rep. by its Public Prosecutor. High Coun for the State ofTelangana, for Excisc Police. Jadcherla, Mahabubnagar District.

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Respondent/Complainant _-

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Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in thc petition and the grounds filed therein, the High Coun may be pleased to enlarge the petitioner/A2 on Bail in the event of his arrest in Crime PCOR No. 21412020, on the file of Prohibition and Excise Police Station, Jadcherla, Mahabubnagar District; -

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CRL.P. NO. 1257 OF 2021: /.. Between:

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M.Shekar Goud, S/o. M. Shivaramulu Goud

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Petitioner/Accused- I

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.\ I)

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The State ofTelangana, Rep. by its Public Prosecutor, Fligh Court for the State ofTelangana. for Excise Police, Jadcherla, Mahabubnagar District.

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Respondent/Complainant .-'

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Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the petition and the grounds filed therein. the High Court may be pleased to enlarge the petitioner/A1 on Bail in the event of his arrest in Crime PCOR No. 21412020, on the file of Prohibition^and Iixcise Police Station, Jadcherla. Mahabubnagar Districtr ...-

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CRL.P. NO. 126l OF 2021:^, Between:

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M.Narsimulu Goud, S/o. M. Chennappa,

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Petitioner/Accused-3

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AND

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l'he State of Telangana, Rep. b."- its Public Prosecutor. High^{Court for the Stateof Telangana.for} Excise Police, Jadcherla, Mahabubnagar District.

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Respondent/Com plainant ..''

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Petition under Section 438 ol Cr.P.C, praying that in the circumstances stated in the petition and the grounds filed therein, the High Court may be pleased to enlarge the petitioner/A3 on Bail in the event of his arrest in Crime PCOR No. 21412020. on the file of Prohibition and Excise Police Station. Jadcherla, Mahabubnagar District;_

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Theses petitions coming on for hearing, upon perusing the petitions and the grounds filed therein, and upon hearing the arguments of Sri a.Gflidhar Rao. Advocate for the petitioners in all the petitions. and of the asst. Putitic Prosecutor, for the Respondent in all the petitions. the Coun made the follou,ing:

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:-_

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THE IIONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION Nos.l256. 1257 & l26l of 2021

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COMMON ORDER:

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These criminal petitions are filed under Section 438 of Cr.P.C., by the petitioners/accu sed seeking to grant anticipatory bail in the event of their arrest in connection with PCOR No.214 of 2020 of Prohibition and Excise Police Station, Jadcherla, Mahabubnagar District, initially registered for the offence under Rule 27(i) of T.S.Toddy Excise Rules, 2007 and later altered the offence to Section 8(c) rlw.22 of NDPS Act

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petitioners, learned Assistant Public Prosecutor appearing for the respondent-State and perused the record.

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Learned counsel for petitioners would submit that though there are three counters and three different licence numbers to each of the counter, the inspecting authorities have collected samples collectively from all the shops, mixed the same and sent for FSL report, basing on the statements given by the punch witnesses at the spot. Admittedly, the petitioners were not present at the time of collecting the samples or sending the same for FSL report. The^petitioners are^valid licence holders and their licenses are valid till 30.09.2022. Petitioners are not having any previous criminal record and that they are ready to abide by any condition tl.rat may be^imposed in the^event of^their enlargement on anticipatory bail

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{qi #

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Looking into the nature of^{allegationslevelledagainstthe} petitioners and having regard to the other^{facts and circumslancesof} the case, without delving into the^{merits of the case, I am inclined to} grant anticipltory bail to the petitioners.

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Accordingly, all the Criminal Petitions arc^{allowed and the} petitioners/accuscd are granted anticipatory bail subject to the following terms and conditions:

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(l) The petitioners are directed to surrender betbre the Station Houst: Officer, Prohibition and Excise Police Statron, Jadcherla, Mahabubnagar District, within a period of lbur (04) weeks from the date ofthis order and on such sumender, the said Station House Officer shall release them on bail on each of thern executing a personal bond for Rs. 15,000/(Rupees fifteen thousand only) with two sureties each to the like sum, to the satisfaction of the aforesaid Station House Officer.

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(2) The petitioners shall abide by the other conditi,.rns stipulated in Section 438(2) Cr.P.C and co-operate r.r,ith the Investigating Officer in investigating the case.

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sD/- I.NAGA^IAKSHMT ASSIS'TANT^REGISTRAR

//TRL'E COPY'

Str('TION OFFICT.]I{

T o

I The I Addl. Sessions Judge, Mahabubnagar, Mahabubnagar District 2 The .ludicial lr4agistrate ol First Class, .ladcherla, Mahabubnagar Distrie t. ---

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3 The Station House Officer, Prohibition and Excise Police Station. Jadcherla, Mahabubnagar District,

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4 Two CCs to Public Prosecutor, Iligh Court ofTelangana, at Hyderabad (OUT) --5 Three CCs to Sri A.Giridhar Rao, Advocate (OPUC)

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6 one Spare Copy

;t?

III(;H^('Ot-RT

(;s I),.1

DATE:01-3-2021

ORI)lrl{

CRL.P. NOS. 1256,1257 & t26t OF 2021

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PETITIONS ALLO\ ]iD

M. Narsimulu Goud v. The State of Telangana

Case brief

What is this about?

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M. Narsimulu Goud v. The State of Telangana

Case brief

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