High Court dismissed a bail petition filed under Section 482 Cr.P.C for accused accused of purchasing and selling ganja. Court held bail cannot be granted as case falls under Section 37 of NDPS Act and accused has prior antecedents.
Petition for bail dismissed; no order for enlargement on bail passed.
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.
[320e ]
rN rHE HIGH "orTf8$rtffoBHE oF TELANGANA
WEDNESDAY,THE TWENTY SECONDDAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA
CRIMINAL PETITION NO: 1273 OF 2023
Between:
Gundlapally Shiva Reddy, S/o Narappa, Aged about 34years, Occ: Agriculture, R/o H.No.2-14, Pulipadu Village, Gurajala Mandal, Palnadu District, AP.
...PETITIONER/ACCUSED NO. 1
AND
The State of Telangana, through P.S. Hayathnagar, R.R.District, Rep. by Public Prosecutor, High Court, Hyderabad
...RES PONDENT/COM P LAI NANTS
Petition under Section 482 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 herein on bait in connection with Crime No.970 of 2022 of Hayathnagar Police Station. R.R.District and to passquch other order or orders as this Hon'ble Court deerns fit and proper in the circumstances of the case.
This Petition coming on for hearirtg, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri V SUDHAKAR BABU, Advocate for the Petitioner aild of the Additional Public Prosecutor for the State of Telangana on behalf of the Sole Respondent.
The Court ntade the following: ORDER
HONBI,D DT. J(TSTICECTfiLI.AKTTRST'IYIAI.ATHA
1 o 20
ORDER;
HeardSriV.SudhakarBabu,learnedcounselforthe petitioner, as wellas the learned Additional Public Prosecutor who is representingthe respondent-State'
2
DT CSL, J Crl.P.No.l273 of 2D3
3
DT CSL, J Crl.P.No.l273 of 2023
read with 20 (b) of theNarcoticDrugs and Psychotropic Substances Act, 1985.
7 Resnltaltly, thisCriminal Petition standsfismissed.
P.CH. NAGABHUSHAMBA ASSISTANT
//TRUE COPY//
OFFICER
To,
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HIGH COURT
DATED i2210212023
ORDER
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CRLP.N 0.1273 of 2023
DISMISSING THE CRIMINAL PETITION
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2 issues framed by the court
Whether bail should be granted to the accused who is in judicial custody for more than six months despite procedural irregularities in seizure.
Whether the case falls under Section 37 of the NDPS Act which prohibits bail.
4 provisions across 2 enactments
Gundlapally Shiva Reddy
The State of Telangana
Chillakura Sumalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
