The High Court dismissed a bail plea filed under Sections 437 and 439 Cr.P.C. for an accused in an NDPS case involving 84 kg of ganja. Finding the quantity to be commercial, the court held that the rigor under Section 37 of the NDPS Act precluded bail.
The Criminal Petition is dismissed; the accused remains in custody.
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.
[3216 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TUESDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE M.LAXMAN
CRIMINAL PETITION NO: 6197 OF 2023
Between:
Peddagani Chandra Shekar, S/o Venkulu, aged 47 years, Occ. Municipality Employee (Suryapet), R/o Laxmi Nagar Colony, Narketpally, Nalgonda District
...PETITIONER/ACCUSED No.2
AND
The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana, At Hyderabad through SHO, Nakrekal P.S, Nalgonda
...RESPONDENT
Petition under Section 437 and 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 enlarge the petitioner lA2 on bail in pursuant to the Cr.No. 60 of 2023 on the file of the P.S Nakrekal, Nalgonda.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Md.RAHEEMUDDIN, Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondent.
The Court made the following: ORDER
I !
I
l HE HONOURABLE SRI JUSTICE M. l-AXMlrN
(;RIMINAL PETITION No.6'197 OF 2023
ORDER:
1 This retition is filed under Sections 437 rrrd,139 of Crimrnal Irrr oedure Code, 1973 (Cr.P.C) seeking to gr.rnt regular bail to the retitioner who is arrayed as accus,ed Nc li in Crime No.60 of 110'.3 of Nakrekal Police Station, Nalgc nda Dislric' . The offences all:9,:d against the petitioner are urder S,:c;tions 8(c) read with :iection 20(b)(ii)(C) of the Nar:otic I rugr; and Psychotropic S rbstance Act, 1985 (for short "N[)PS Act' )
2
police raided and accused No,1 was caught hold and this
petitioner was escaped from the scene
under Section 37 of the NDPS Act, I do not find any merit in this pet it ion.
Miscellaneous petitions, if any shall stand closed
SD/-C.PRAVEEN KUMAR ASSISTANT REGISTRAR
//TRUE COPY//
CalD
SECTION OFFICER
To, 1. The Station House Officer, Nakrekal Police station, Nakrekal,Nalgonda Dist. 2. Two CCs to the Public Prosecutor, High Court for the StateOf Telanganaat Hyderabad. [OUTI 3 One CC to SRI MD.RAHEEMUDDIN, Advocate. [OPUC]
aLs-
HIGH COUR'"
DATED:1810i 1i2023
ORDER
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CRLP.No.619I ot 2023
DISMISSING I'HE CRL.P WITHOUT CO J S
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2 issues framed by the court
Whether bail should be granted to the accused despite the involvement of a commercial quantity of drugs.
Whether the strict rigor under Section 37 of the NDPS Act precludes the granting of bail in this case.
3 provisions across 2 enactments
Peddagani Chandra Shekar
The State of Telangana, Rep. by its Public Prosecutor
Justice M.Laxman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
