The High Court of Telangana dismissed a bail petition filed by two labourers accused of possessing 25 kgs of ganja under the NDPS Act. The court observed that the major quantity was in their possession, a charge-sheet had been filed, and the matter was pending trial, making it difficult to secure their presence.
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.
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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TUESDAY,THE ELEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE
PRESENT
THE HON'BLE OR. JUST]CE G.RADHA RANI
CRIMINAL PETITIoN NO: 3063 OF 2023
Between:
...PETITIONER/ACCUSED No.1 & 2
AND
Thestate of Telangana, represented By its public prosecutor High Court, For the State of Telangana at Hyderabad.
..,RESPONDENT/COMPLAINANT
Petition under Section 437 & 439 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 release the petitioner / accused No.1 and 2 in on bail in crime No. 09 of 2023 of pS Bhadrachalam, offence u/s 8(c) Ryw .20 (b) NDPS Act, on fire of the Hon'ble Judicial Magistrate of First crass at Bhadrachalam the Accused No. 1 and 2 are in Khammam Dhavaigudem Jair, Khammam District.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of Sri Suresh Singh, Advocate for the Petitioner and the Additional public prosecutor (TG) on behalf of the Sole Respondent.
The Court made the following: ORDER
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I'HE HO()IJITAI]Lt.] DIT.JT]STICE G. RAI)I{A IIANI
CRI]"IINAL PETITION NO.3O63 OF 2023
ORDEIT:
This petition i; liled b1'thc pctitioners I Al and.{2 undcr st:ction 437 and 439 o1- Cr.l'].Cl. ro r( le ase tlrcn.r on bar l in Crirnc No.9 of 2023 ofPS Bhadrachalam regist:r.ed tbr thc ollince under Sectiort 8(c) r'i:ad with 20(b) of Narcotic Drugs an,l I 5r'chotropic Substances Act, 1985(frrr short"NDPS" AcQ. 2. The case ol'lli l,rcsccutron in briel'rvas that on()9.0i.2(t23 at 08:30 AM, the Sub-lnspecLor- o I)olice' ol'I)S l]hadlachalam lodged rr .'eport in thePS stating that whilc [r, .rlc,ngrr ith his stal'l' was on duty at ltT(] Bus Stand, Bhadrachalanr antlrr rilc clrcckinu lirl thc sLrspccts at 0(r:0() A lr'[, ftrund two(02) persons mor.'ing urrdc :us1-riciou\ cire ulnstances. IIe took the rn into his custody and on questionrng th -'rrr arrrl on s.'zrrcltirls their bags, found s,)nIe [;anjapackets. On thal he sccuretl tu o(01) nrctli.rtor'> rntl s.'izcd 25 kgs of dr1 garja packed in 14 packets, lbund in .i brrgs in lhepos'cssiort ol thertccust:d I le seized the same under the cor':r rl prrrtchanltnut.colltctedthe sarnples arrd brc,ught thernto the PS and loclgc'tl t'rc rcpi,r't
2
Dr.GRh' t
crlp-3C63-202i
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DI.GRR, I crlp_3063_2023
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their posscssirrn ard a charge-sltc-r'trrrs alreadyfilcci b1 the Policeandthe
matter was corning tbr trial ancl thepetitioners il- rcleascdo r 'taiJat thisstage, it
might be difficult t ) secure tht'ir prcsc-nce lbr trial, itrs consi,ler,rdnot a fit case to enlarge tl-re pet.iti.rners on bail
As a sequel nriscellaneous applications pending in trc :etition, if any,
shall stand close,l
SD/.T. JAYASREE ASSISTANT REGISTRAR
//TRUE COPY//
tlD
IJECTION OFFICER
To,
obr
'-' Fz-
t t I l i l ,l l i !ii : I
HIGH COURT
DATED: 1110112023
,i
ORDER
CRL.P.No.3( 63 of 2023
DISMISSIN(i THE CRIMINAL PETITION
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3),,
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3 issues framed by the court
Whether the High Court should allow bail to accused persons charged with trafficking 25 kgs of ganja when the matter is already at trial stage and investigation is complete.
Whether the failure of police to mention quantity seized separately from each accused justifies release on bail.
Whether residence of accused outside the state and difficulty in securing presence precludes bail in NDPS cases.
2 provisions across 2 enactments
Podiami Jagal S./Punemi Nanda
The State of Telangana
G. Radha Rani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
