Allowed

Gita Devi v. The State of Telangana

Telangana HC24 Nov 2023CRLP/11536/2023

Case brief

AI extract

What is this about?

This common order grants regular bail to three female accused persons involved in acting, carrying and cultivating ganja Defence, subject to conditional bonds and appearance requirements. The court considered their status as women, family responsibilities, and lack of pending cases. Sections 437 and 439 Cr.P.C. Sections 8 (c) r/w.20 (b) of NPDS Act, 1985. Sections 437 (3) of Cr.P.C.

What did the court decide?

Criminal Petitions allowed; accused granted regular bail subject to execution of personal bond, sureties, and conditions under Section 437(3) Cr.P.C.

Gita Devi Vs The State of Telangana — Narcotics (NDPS) | Telangana HC (2023)

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THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NOS.11536 & 11537 OF 2023

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COMMON ORDER:

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These Criminal Petitions are filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short “Cr.P.C”) seeking regular bail to the petitioners/Accused Nos.3, 4 and 1 respectively in Crime.No.116 of 2023 on the file of Warangal Rural Police Station, Warangal District, registered for the offence under Section 8 (c) r/w.20 (b) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NPDS Act’)

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Since the petitioners in both the petitions are accused Nos.3, 4 and 1 respectively in the very same crime, both the petitions are heard together and disposed off by this common order.

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

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The Rural Police, Warangal found these petitioners i.e., A-1 carrying 20 kgs of dry ganja, A-2 carrying 10 kgs.

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of dry ganja and A-4 carrying 10 kgs. of dry ganja. They were found in the Railway Station near toilet rooms.

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They were arrested having followed the procedure under NDPS Act and were remanded to judicial custody.

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Learned counsel appearing for the petitioners would submit that bags were not found in possession of these petitioners, they were lying on the ground. However, these petitioners are arrayed as accused.

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On the other hand, learned Additional Public Prosecutor would submit that the petitioners are residents of Bihar, but there are no other cases pending against these petitioners.

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Keeping in view that these petitioners are women having families and no other cases are pending against these petitioners, the relief of regular bail can be considered subject to following conditions:-

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i) The petitioners/Accused Nos.3, 4 and 1 shall execute personal bond for a sum of Rs.50,000/(Rupees Fifty thousand only) with two sureties, i.e., one local surety and other from the native place, for

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a like sum each to the satisfaction of Special Sessions Judge for the Trial of Cases under NDPS Act-Cum-I Additional Sessions Judge at Warangal.

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ii) The petitioner/Accused Nos.3, 4 and 1 after release shall appear before the concerned Station House Officer everyday at 10:00 a.m. for a period of four weeks and thereafter, as and when required for the purpose of investigation.

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iii) The petitioners/Accused Nos.3, 4 and 1 shall abide by the other conditions stipulated under Section 437(3) of Cr.P.C.

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Accordingly, these Criminal Petitions are allowed. Miscellaneous applications, pending if any, shall stand closed.

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_________________ K.SURENDER, J

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Date: 24.11.2023 dv

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THE HON’BLE SRI JUSTICE K.SURENDER

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CRIMINAL PETITION NOs. 11536 & 11537 OF 2023

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Dt.24.11.2023

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Gita Devi v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Gita Devi v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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