Allowed

Pasala Jaya v. The State of Telangana

Telangana HC16 Aug 2021CRLP/3949/2021

Case brief

AI extract

What is this about?

This court allowed bail to two accused persons arrested for illegal possession of dry ganja under the NDPS Act. Considering the quantity seized was below commercial limits, lack of criminal antecedents, and increasing COVID-19 confinement, the court granted bail subject to standard conditions.

What did the court decide?

Petitioners released on bail on personal bond of Rs.50,000 each with two sureties, one from native place, subject to regular reporting and attendance at hearings.

Pasala Jaya Vs The State of Telangana — Narcotics (NDPS) | Telangana HC (2021)

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HI(;H COT]IIT FOR THE STATE OF TELANGANA AT HYDERABAD

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MONDAY. THE SIXTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY ONE

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:PRESENT:

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TTIE HON'I}LE JUSTICE G SRI DEVI

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CRINIINAL PETITION NOS: 39.19 AND 536.1 OF 2021

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cRt..P.NO.39J9 0F 2021

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Behveen:

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Pasala .laya. S/o. P. Julian.

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...Petitioner/Accuscd No,2

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;\NI)

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l hc State ofTelangana. through S.H.O.. P.S Prohibition & Excise. Uppal, represented by t)ublic Plosecutor. High CoLrrt at I Il derabad

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..,Respondent

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I)etition under Sections^-+i7 &^:139 ol Cr.l).C. pral ing that in the circunstanccs s(atccl in 1he grounds liled in suppolt ol'the Crinrinal Petition. the High Court may be pleased lo enlirrgc the pctit ioncr/Accused No.l on bail anested in C.O.R No 3I of 2021of P.S Prohibition & Ercise Station. l-Jppal. Mcdchal-Valkaj giri District on Strch terms and conditions as this Lkrnoulablc ('oult nray deem llt and proper in the interest of.iustice.

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cRL.P.NO.5364 0F 2021

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Between:

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Poldas Uppalaiah, S/o P. Venkatesh,

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...Petitioner/Accuscd No. I

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A\I)

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l'he State ofTelangana. through S.H.O., PS Uppal Probibition and Excise represented by the Public Prosecutor. High Court for the State olTelangana, Hyderabad.

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... Respondent/Complainant

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Petition under Sections 137 & 139 ol Cr.P.C, praying that in the circumstances stated in the grounds filed in supporr of the Criminal Petition, the High Court may be pleased to enlarge the petitioner/Accused No. I on bail in Crime No.3l of 2021 of PS Uppal Prohibition and Excise. Medchal-Malkaigiri District in the interest ofjustice.

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'['hese petitions conring on fbr hearing. upon perusing the Petitions and the grounds liled in suppolt thereol'and Lrpon hcaring the arguurents ol Sri K. Venumadhav. learned counsel lbr' the petitioncrlA.2 in Crl.l).No.39.19 ol 2021: Sri K.Anthony Reddy. learned counscl fbr the petitioner/1.1 in Crl.t'.No.-5364 of202l. learned Assistant Public Prosecutor appcaring lor thc respondent. tlre Court made the fbllouing.

( )lt l) I: It

THE HONOLIRABLE JLISTICE G. SRI DEVI

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CRIMINAL PETITION Nos.3949 and 5364 of 202L

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COMMON ORDER:

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Since both these crirninal petitions, under Sections 431 and⁴³⁹ of the Code of Criminal Procedure, 1973, arise out of C O.R.No.31 of 2021 on the tlle of Prohibition and Excise Station, Uppal, registered for the offence punishable under Section 8(c) read with 20(b)(ii)(c) of NDPS Act, they are being disposed of by this contmon order

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2 Crl.P.No.3949 o1' 2021 is filed by petitioner/A,2 and Crl.P.No.5364 of 2021 is filed by petitioner/A,1 seeking to grant bail to them in connection with the aforesaid crirne

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Heard Sri K. Venumadhav. learned counsel for the petitioner/A.2 in Crl.P.No.3949 of 202l; Sri K.Anthony Reddy, learned corrnsel fbr the petitioner/A.l in Crl.P.No.5364 of 2021, learned Assistant Pr"rblic Prosecutor appearing for the respondent-State and penrsed the record

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4 It is alleged in lire reruand report that on 04.04.2r)21 at 07 30 arn. the Station House Otfrcer, Uppal, along stafl orr cred ible infortnatron regarding illegal possession, transportation and saie o1' dry ganja, detected a case on the rnain road in fi'ont of CDFD Office, Ne4 Uppal Metro Pillar No.844 and 845 Uppal, ancl found the accused persons crlrning on four wheeler witir high speed, and when they signaling to stop the vehicle, they tried to escape and later stopped and tbund fbur plastic bags in the car dickey and on search,

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U5U. J Crl.P Nos.39+9 and 5:i6.1 of 2021

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they seized (50) brorvn colour^packets of, loose cin'^gar4a, eaah^packet containing 2 kgs, total 100 kgs. ofloose dry ganja, two rnobile^phones arrd Honda Amaze Car bearing No.TS 08 EV 0230 under a cover ol panchanama and thereafter, registered the aloresaid case against A.1 to A.3.

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Learnedcounsel forthepetitionerlA.2inCrl.P.l$o.3949 of2021 submits that the petitioner/A 2 is innocent and his narne is falselv irnplicated in the aforesaid offence and the petitioner is no way concern with the sard transportation of the aileged Ganja. He further subrnits that the petitioner is in^judicial custod,v since 04.04.2021 and readv to abide by any condition imposed b;r this Court in the event of his enlargernent orr bail

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Leamedcounsel forthepetitioner/A.l in Crl.P.No.51164of202l subrnits that the petitioner is lvorking in the RTC as driver. He further subrnits that as accused No.2 offered to pay an amouut of Rs.1,500/-, tlre petitioner went along with hirr to drive the car only and he could not find what material is taking and loading in the car. He furtter subrnits the petitioner, to clear the debts, is cioing private work when he is in half dLrt1, in the RTC. He also subrnits that the petitioner was arr-ested on 04.04.2021 and he is not having imy crirnl'nal antecedents and there is no possibility of the petitioner to flee away or tamper the evidences or witnesses and he is a law abiding citizen and ready' to abide by anv condition imposed by' this Couft in the event of his enlargement on bail

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GSD. J Crl.P.Nos.3949 and 5364 of 2021

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Learned Assistant Public Prosecutor appearing for the State opposed the petition contending that unless satisfied the requirement under Section 37 of NDPS Act, 1985, this Court cannot enlarge the petitioners on bail as a matter of course, and he relied upon the judgrnents of the Apex Court in State of Kerala v. Rajesht, Preet Pal Singh v. state ol U.P.2 and The State of (GNCT of Delhi) Narcotics Central Bureau v. Chandhas.

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In Sheru v. Narcotics Contol Bureaua athree Judge Bench of the Apex Court while granting bail to a person in a case filed under the Narcotic Drugs and Psychotropic Substances Act in view of tunusual tirnes of the CO/ID-l9 pandemic, held as under:

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"We have given a thought to the rnatter and there is no doubt that the rigors of Section 37 of the N D P.S.Act would have to be met before the sentence of a convict is suspended and bail granted and rnere passage of trme cannot be a reasorr for the same. However, we are f'aced with unnsual tirnes where the Covid situation permeates. We are also conscious that this Court has passed orders for release of persons on bail to de-congest the jail but that is applicable to cases of upto seven years sentence.

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In the given aforesaid facts and circumstances of the case, we consider it appropriate to enlarge the appellant on bail on terms and oonditions to the satisfaction of the Trial Court."

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I 2o2o (12) scc 122

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'2o2o^{(8) scc 64s}

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3 crt.A,No.257 of 2021 (slp (crt.) No.670 of{0z1)

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r Crl.Appeal Nos.585, 585 of 2020, dated 11.09.2020

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Crl P.Nos.l9+9 and 5ll6l of202l

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\ I

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In view of the^judgrnent of the Apex Court in Shent's case ('t supra); and as the alleged contraband seized frorn the possessiorr of accused is less than the cornrnercial quantity aud as the^petitioners have no crilninal antecedents prior to tire aileged occunence and also in view of peculiar conditions of pandernic COVID-19 prevailing in the corultry, without delving into the rnerits^rrf the matter, I arn inclined to grant bail to the petitioners/A. tr and A.2.

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The.Criminal Petitions are allowed and the petitioners in both the crirninal petitions are directed to be released on bail, subject to the following tenns and conditions:

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(i) The petitioners/A.l and A.2 shall be released on bail on their executing a personal bond to the tune of Rs.50,000i(Rupees fifty thousand only) each with tlvo sureties. out of which one surety shall be frorn their native place, for a like sum each to the satisfaction of the VII Additional Metropolitan Magistrate, Cyberabad, Ranga Reddy District at L.B.Nagar.

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(ii) On such release, the petitioners shall appear before the Investigating Officer on first Monday of every inonth belween 10.00 AM to 2.00 PM., tiil oompletion of investigation or filing of the charge sheet, whichever is earlier.

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(iii) The petitioners shall appear botbre the Court concerned personally on each date of hearing till conclnsion of trial.

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(i") The petitioners shall not indulge in any sirnilar type of activities in future; If they are ,.1.d3]g.,1 in similar type of activities or involved in any other criminal cases in future, liberty granted to thern shall stand cancelled autornatically.

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Crl.P.Nos.3949 and rr"

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(v) The peririoners shall not tamper with the prosecution witnesse,s; (vi) The petitioners shall co-operate with the investigating agency. (vii) The petitioners shall not misuse the lrbcrty grantecl to them.

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II Miscellaneous apprications, if any pending in this criminal petrtron, shall stand closed.

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SD/. K. SHYLESHI Assistant Registrar^/

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//TRUE COPYi/

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) SECTTIO\ OI'-il( Ir.l{

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The Metropolitan Sessions Judge. Cyberabad, Ranga Reddy Disrrict at L.B.Nagar. 2. The VII Additional Metropolitan Magistrate. Cyberabad. Ranga l{edd1'District at I-.B.Nagar.

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