In a petition for anticipatory bail under Section 438 Cr.P.C. in a case involving 2 kgs of ganja, the High Court refused bail, directing the petitioner to approach the Trial Court within 10 days for regular bail.
Anticipatory bail denied; surrender instructed with the liberty to seek regular bail within 10 days.
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.
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
WEDNESDAY, THE THIRTEENTH DAY OF JULY TWO THOUSAND AND TWENTYTWO
PRESENT
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION NO: 5877 OF 2022
Between:
Smt. Aruna Bai @Angoori Bai, Wo Ramesh Singh,Aged about 54 years, Occ. Household R/o H.No.13-2-270lNB, Balramgalli, Raheempura, Dhoolpet, Hyderabad.
,..PETITIONER
AND
The State of Telangana, Rep. by its Public Prosecutor, High Court of for the state of Telangana At Hyderabad, Through S.H.O. Shahinayathgunj Police Station, Hyderabad.
,..RESPONDENT
Petition under Section 438 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the petitioner on anticipatory bail in the event of her arrest in connection with Crime No.95 of 2022 on the file of P.S. Shahinayathgunj, Hyderabad. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Ch. Ravinder, Advocate for the Petitioner and the Assistant Public Prosecutor (TG) on behalf of the Respondent.
The Court made the following: ORDER
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THE HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No. 5877 of 2O22
ORDER:
I. This Criminal Petition is filed under Section 438 Cr.P.C. by petitioner/A2 seeking bail in the event of her arrest in connection with Crime No.95 of 2022 on the file of Shahinayathgunj Police Station, Hyderabad, registered for the offences punishable under Section 8 (c) read with 20(b) (ii) (B) of NDPS Act, 1985.
Heard learned counsel for petitioner and learned Assistant blic Prosecutor appearing for the respondent-State. . .i The case of the prosecution is that on 17.05.2022, at about ':'4.3Op.m. the police of Shahinayathgunj PoliceStation, Hyderabad, .intercepted one two wheeler vehicle and found one black color polythin cover under the seat of the vehicle in which they found ganja packet rrveighing about 2 kgs. and seized the same from the possession of Accused No.l who confessed that the seized ganja ib.long"to thispetitioner/Accused No.2 and that on the instructions & gbJ this petitioner he is selling the ganja to the needy customers.
In the said circumstanoes, this Court is not inclined to grant of Anticipatory Bail to this petitioner. However, the petitioner is t liberty to move the trial Court by surrendering herself, within 10
2
I
days from the date of receipt of a copy of this order, before the concerned Court and file application seeking regular bail with due service to the Public Prosecutor. On such filing, keeping in view the quantity of contraband seized is less than commercial quantity, the trial Court shall dispose of the bail application, on merits, within two working days after giving opportunity of hearing to the Public Prosecutor.
Miscellaneous applications, if any pending in this criminal petition, shall stand closed.
SD/.P.PADMANABHA REDDY ASSISTANT REGISTRAR //TRUE COPYII
To,
SECTION OFFICER
w
HIGH COURT
DATED: 131Ct712022
[ 1 5E' ?$I7 .,,
ORDER
GRL.P.No.5E77 of 2022
DISPOSING OF THE CRIMINAL PETITION
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1 issue framed by the court
Whether anticipatory bail is relivable in a case involving possession of ganja accused as an agent seeking to sell to customers.
2 provisions across 2 enactments
Aruna Bai @ Angoori Bai
The State of Telangana
K. Surender
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
