Allowed

Mohammed Khadar v. The State of Telangana

Telangana HC18 Aug 2021CRLP/5441/2021

Case brief

AI extract

What is this about?

The High Court granted bail to two accused persons in an NDPS case involving ganja seizure. Relying on Apex Court orders easing bail during the pandemic, the Court held that without delving into merits, bail could be granted as petitioners had no antecedents and were in judicial custody since April 2021.

What did the court decide?

Petitioners released on bail on personal bond of Rs.50,000 each with two sureties for like sums, subject to standard conditions including appearance before investigating officer and court.

Mohammed Khadar Vs The State of Telangana — Narcotics (NDPS) | Telangana HC (2021)

¶1

I^{-r ls8} I

¶2

tll(;tl^(lOt I{1. I"OR I lll. S't.-'IIt Oiltlr.l..-l,N(;AN.\ ,\I' I I\ I)I-I{.\ IIA I)

¶3

\'I:I)N I:SDr\Y. l l lE I:I GI I'l trEr!'ll I DAY OI: A[-rGUS'l' I \'O l llOtrSANI) ANt) I \'L.ir' I Y O,ril;

¶4

: I'ltl:SIl\l': I'IIl'l Il()r..'BI-E,ltis'l l( 1.^(; SItl DhVI

¶5

('ltl\ll.{L I'El Il'lO\ \O: 5{{l Ot 2021

¶6

llcru een:

¶7

I . Moharnmed Khadar. S/o. Mohammed Raheem.

¶8

Mohamed Mujeeb. S/o. Mohammed Muneer Uddin.

¶9

.....Petitioners/Accused No.3&4

¶10

ANI)

¶11

J he State of Telangana. Represented by Its Public Prosecutor, High Court of Hyderabad. P.SIralaknunra. Hyderabad.

¶12

... Respondent/Complainant

¶13

Petition undcr Sections 4i7 &.139 olCr.P.C, praling that in the circumstances stated in thc' grounds tiled in support of the Criminal Pctition. the I ligh Court nray be pleased to enlalccd the Petitioners /Accused No. i and^:l on bail In F.l.R. No. I I l/2021. P.S- Falaknuma. Ilr,derabad.

¶14

'l he petition col'ni)lr.r on lbr hearing. upon perusini.t thc Petition and the grounds frlcd in srrppolt thocol'anil Lrl.ron Irealirrs the rrgullel'tts ol'M/S.AI-l-tlRI RAGI ILI RAMA Alrlt-,\V,\ .,\d()cirtc iirr thc Pc'titioDels and Assislant Public I'rosecutol firl Respondent. the ('ourt nradc thc lirllorr ins.

¶15

OIil)l:li

¶16

THE HONOURABLE JUSTICE G, SRI DEVI

¶17

CRIMINAL PETITION No.5441 of 2021

¶18

ORDER:

¶19

This Criminal Petition, under Sections 437 and 439 of the Code of Criminal Procedure, 1973, is filed by the petitioners/A3 and ,A4 seeking to grant bail to them in connection with Cr.No.1 11 ol 2021 on the file of Falaknuma Police Station, Hyderabad District, registered for the offence punishable under Section B(c) read with Section 20(b) of NDPS Act, 1985. 2, Heard learned counsel appearing for the petitioners/A3 and 44, learned Assistant Public Prosecutor appearing for the respondent-State and perused the record.

¶20

lt is alleged in the complaint that on 30.04.2021 at 19.30 hours, on credible information, the^police stopped a car, apprehended the accused and seized 50 kgs of ganja from their possession under a cover of panchanama.

¶21

Learned counsel for the petitioners/A3 and A4 submits that the petitioners never committed any offence as alleged by the prosecution and they have been falsely implicated in the crime. He also submits that the petitioners are in judicial custody since 30.04.2021 and they are not having any criminal antecedents prior to the alleged occurrence and they are law abiding citizens and ready to abide by any condition imposed by this Court in the event of their enlargement on bail.

¶22

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 judgments of the Apex Court in SiitTof Xerata v. Rajeshl , Preet Pat Singh v. state

'^{2o2o (12) scc122}

of lJ.P.2 and The Sfafe of (GNCT of Delhi) Narcotics Central Bureau

¶27

¶28

v. Chandha3.

¶29

ln Sheru v. Narcotics Control Bureaua a three 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 unusual times of the COVID-19 pandemic, held as under:

¶30

"We have given a thought to the matter and there is no doubt that the rigors of Section 37 of the N.D.P.S.AoI would have to be met before the sentence of a convict is suspended and baal granted and mere passage of time cannot be a reason for the same. However, we are faced with unusual times 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.

¶31

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

¶32

ln view of the^judgment of the Apex Court in Sheru's case (4 supra); and as the petitioners have no criminal antecedents prior to the alleged occurrence and also in view of the peculiar conditions of pandemic COVID-19 prevailing rn the country, without delving into the merits of the matter, I am inclined to grant bail to the petitioners/A3 and ,A4.

¶33

The Criminal Petition is allowed and the petitioners/A3 and A4 are directed to be released on bail, subject to the following terms and conditions:

¶34

(i) The petitioners/A3 and A4 shall be released on bail on their executing a^personal bond to the tune of Rs.50,0001 (Rupees fifty thousand only) each with two sureties for a like sum each to the satisfaction of the XVI Additional Chief Metropolitan Magistrate, Hyderabad.

¶35

'z^{zozo 1a1scco+s}

¶36

3 crt.A.No.257 of 2021 (sLp (crt,) No.670 of 2021)

¶37

1 Crl.Appeal Nos.585, 586 of 2020, dated 11.09.2020

¶38

¶39

¶40

(ii) On such release, the petitioners/A3 and A4 shall appear before the lnvestigating Officer on every Monday between 10.00 AM and 2.00 PM., till completion of investigation and filing of the charge sheet. (iii) the petitioners/A3 and A4 shall appear before the Court concerned personally on each date of hearing till conclusion of trial. (iv) the petitioners/A3 and A4 shall not indulge in any similar type of activities in future. lf they are indulged in similar type of activities or involved in any other criminal cases in future, liberty granted to them shall stand cancelled automatically. (v) the petitioners/A3 and 44 shall not tamper with the prosecution witnesses; (vi) the petitioners/A3 and A4 shall co-operate with the investigating agency. (vii) the petitioners/A3 and A4 shall not misuse the liberty granted to them, L Miscellaneous petitions, if any pending in this criminal petition, shall stand closed.

¶41

SD/- R, KARTHIKEYAN ,,iSS]:STANT REGISTRAR

¶42

,1'RtlF.^coP'//

¶43

StlCl'lO<sup>OFFt('l:lr \

¶44

'l' o 2.l. The I hc XVI I Adtlirionol^{Adtlitional \letropolitan Cf i"r r'l"tluouiitan Sessiotts} Cf"ttft'"f^{Judgc' Ilvder'rbadVieisrat" guda' at at Hl lll d"rrbatl'dcraha'l} fhc Superinrenderlt'^Ccrltral '"itJ"'

¶45

.+. 'the Station House oltcer"^{l"l;k;;;*Police Station'H"vdcrabad'} 5 onc CC to^{\4/s.AI LuRl R^;H;'ti;N;;-aunevn} Courr^{n duotttt at Hvdcraoad l( 'PtJt toUl lt} 6 t'uo CCs^{to PUBLIc pnosu'cuion} 'iii"rligr'

¶46