High Court of Telangana granted bail to the petitioner accused of possessing hashish oil under NDPS Act, considering the seized quantity less than commercial limits.
Petitioner released on bail with personal bond of Rs. 25,000 with two sureties and specific conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT FOR THE STATE OF TELANGANA
TUESDAY, THE SIXTEENTH DAY OF FEBRUARY TWOTHOUSANDANDTWENTYONE/.
:PRESENT: THE HON'BLE.IUSTICE G SRI DEVI/ ,,/ CRI}II\AL PETITION \O: 2{l OF 2021
Bet$'ecn:
Cherukuri Flarsha Vardhan, S/o. Venkateshwar Rao,
....Petitioner/Accused No.3
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l'he State of Telangana, Rep, by its Public Prosecutor, High Court at Hyderabad.
....Respondent/Complainant
Petition under Sections 437 & 439 of Cr.P.C, praying that in the circumstances stated in the grounds filed in support ofthe Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused No.3 herein on regular bail in Crime No.51 of 2020 of the PS Excise, Musheerabad, Hyderabad, for the alleged offence U/Sec.8(c) R/W 22 and 20(bXiiXB) of NDPS Acr. 1q85. //
The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereol and upon hearing the arguments of MR.V.RAGHLn\JATH Advocate tbr the Petitioncr and Additional Public Prosecutor for Respondent. the Court made the foliorving. --
ORI)T-R
.4) HoNOURABLE JUSTICE G. SRI DEVI
CFIIMINA PETITION NO.241 OF 202l
ORDER:
The petitioner/A-3 filed thepresent Criminal Petition under Sections 437 and 439 of the Code of Criminal Procedure seekingto grant bail to him in Crime No.51 of 2O2O of P.S. Excise, Musheerabad, H1'derabad, which was registered for the offences punishable under Sections 8(cl r 1w.22 and 2O(b)(ii)(B) of the NDPS Act, 1985.
Heard the l,:arned counsel for thepetitioner/A-3, the learned Additional Public Prosecutor representing the respondent-State and perused the recor<I.
The allegation against the petitioner/A-3 is that on 29.11.2O2O at about 3.15 prn on reliable information the Excise Officials of Musheerabad corrducted route watch in front of RTC Hospital, Tarnaka, Secunderabad and seized 56 LSD Blots each 150 micrograms and seized t'*,o small plastic bottles each 12 grams total 24 grams of Hashish Oil from the possession of A-1 and A-2 and on confession of A- 1 ,and A-2, the officials proceeded to the house of t he petitioner/A-3 and seized 272 grams of Hashish Oil lrom l.he possession of the retitioner/A-3 under the cover of panchanama and arrested him.
Learned Additional Public Prosecutor opposed to grant bail to the petitioner/A-3
Learned co -rnsel for the petitioner/A-3 submits that the petitioner has not committed any offence as alleged by the prosecution and he is falsely implicated in the above case. The
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petitioner/A-3 is in custody since 29.1 L.2O2Q and he has no previous criminal antecedents. It is submitted that A-1 and A-2 have already been enlarged on bail. Further, it is represented that the contraband seized from the possession of the petitioner/A-3 is less than commercial quantity. Hence, it is prayed to consider the petitioner's application for bail.
Looking into the facts and circumstances of the case and as the contraband seized from the possession of the petitioner/A-3 is less than the commercial quantity, I am inclined to grant baii to the petitioner/A-3.
The Criminal Petition is allowed and the petitioner/A-3 shall be
released on bail on the following terms and conditions:
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Miscellan,:ous applications pending, if any, shall stand closed.
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HI(;H COURT
GSD.J
DATED;16.02.2021
ctRL.P.NO.24lOF2021
BAIL
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1 issue framed by the court
Whether the petitioner is entitled to bail in the present case.
2 provisions across 2 enactments
Cherukuri Harsha Vardhan
The State of Telangana
G Sri Devi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
