Allowed

Mandula Sai Kumar v. State of Telangana

Telangana HC8 Jul 2022CRLP/5241/2022

Case brief

AI extract

What is this about?

The court granted bail to two petitioners accused of possessing 2 kg of ganja under the NDPS Act. Since the quantity was less than commercial, they were released on personal bonds with two sureties each, subject to appearing before the police station periodically during investigation.

What did the court decide?

Release on bail on personal bonds of Rs. 20,000 each with two sureties for like sums; appearance at police station every Monday for three months or till charge sheet.

Mandula Sai Kumar Vs State of Telangana — Narcotics (NDPS) | Telangana HC (2022)

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THE HON’BLE SRI JUSTICE K.SURENDER

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CRIMINAL PETITION No. 5241 of 2022

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ORDER:

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This Criminal Petition is filed under Section 437 & 439 of the Code of Criminal Procedure,’ 1973 (for short “Cr.P.C.”) seeking to enlarge the petitioners/A1 & A2 on bail in connection with Crime No.590 of 2022, on the file of Malkajgiri Police Station, Rachakonda, for the offences punishable under Section 8(c) read with 20(b)(ii)(B) NDPS Act.

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Heard the learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent-State and perused the record.

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The petitioners were apprehended by Malkajgiri Police on 18.06.2022 and found 2 kgs. of ganja in their possession. After conducting panchanama and other procedures as prescribed under NDPS Act, the petitioners were sent to judicial custody on 19.06.2022.

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Learned counsel for petitioners submits that the apprehended contraband is only 2 kgs. which is less than the commercial quantity and since they are in jail from 19.06.2022 they may be released on bail. He further submits that the 2^nd petitioner is a student and the 1^st petitioner is doing private service.

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Learned Assistant Public Prosecutor submits that there are no other criminal cases pending against these petitioners.

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In the said circumstances, wherein the seized contraband is only 2 kgs which is less than the commercial quantity, the petitioners can be released on bail subject to following conditions:

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i. The petitioners/A1 and A2 are directed to be released on bail on their executing personal bonds for Rs.20,000/-(Rupees Twenty Thousand only) each with two sureties for a like sum each, to the satisfaction of Principal Junior Civil Judge-cum-Metropolitan Magistrate, Malkajgiri.

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ii. On such release, the petitioners/A1 and A2 shall appear before the concerned Police Station on every Monday between 10.30 a.m. to 1.00 p.m. for a period of three months or till filing of charge sheet whichever is earlier, for the purpose of investigation.

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iii. The petitioners/A1 and A2 shall comply with the conditions as laid down under Section 437 (3) of Cr.P.C.

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Accordingly, the Criminal Petition is allowed.

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Miscellaneous applications, if any pending in this criminal

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petition, shall stand closed.

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________________ K.SURENDER, J

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Date :08.07.2022 tk

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¶20

THE HON’BLE SRI JUSTICE K.SURENDER

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CRIMINAL PETITION NO. 5241 of 2022 Dt.08.07.2022

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Mandula Sai Kumar v. State of Telangana

Case brief

What is this about?

What did the court decide?

Mandula Sai Kumar v. State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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