Single judge rejected bail application in NDPS case involving 240g MDMA, holding commercial quantity possession makes it unfit for bail despite custody duration and procedural lapses.
None; Criminal Petition dismissed and bail denied.
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
FRIDAY, THE SIXTEENTH DAY OF FEBRUARY' TWo rHousAND AND TWENry roud'
PRESENT
THE HONOURABLE DR. JUSTICE G.RADHA RANI
CRIMINAL PETlTto NNO :1510 0F 2024
Between:
Pradeep_ Sharma@Kamal Rana,, S/o.Om prakash S xe",s, - bc" :' -ii; ;X' 6i,;.:r,, R/sh r,6's i ;' w;eji;. r{ "i[ialW8,,rT "#j"11 chakk wati Galti, pratapsain, nijiitria-n'st"iJ,' i;iiil.''
AND
...Petitioner/Accused No. 1
IL".::X1"","[ffi Hill*r[Si;fJdsHo,P's'JubireeHirs,rhroushpubric
...Respondent
Petition under Section 4g2 0f cr.p.c praying that in the. circumstances stated in the Memorandum of Grounds of criminar petition, the High court may be pleased to enrarge the petitioner/Accused.No.1 0n bair in respect of the crime'No'Ss2 of 2023 (P.s., Jubilee Hi,s, Hyderabad) on the fire of rearned XV, Additional Chief Metropolitan Magistrate, Hyderabad District.
Thispetition coming on for hear:ing, upon perusing the Memorandum of Grounds of Criminal petition and upon hearing the arguments of sri K.L.B. Kumar, Advocate for the petitioner and pubric prosecutor on beharf of the Respondent.
The Court made the foltowing: ORDER
I
THE HONOURABLE DR.JUSTICE G.RADHARANI
CRIMINAL PETITION No.1510 OF 2024
ORDER:
This Criminal Petition is filed under Sections 437and 439 of Code of Criminal Procedure,1973 (for short "Cr.P.C") seekingregular bail to thepetitioner/AccusedNo.1 in Crime No.552of 2023 on the file of Station House Officer,Jubilee Hills PoliceStation,Hyderabad District, registeredfor the offences punishableunderSections22 (c) and29 of NarcoticDrugsand PsychotropicSubstancesAct,1985 (for short'NDPS Act').
2
identified the same as aPsychotrophic Substance "MDMA", (Methylenedioxy Methamphetamine)as such,seized240gramsof the said drug from thepossession of Al.Basing on the saidrepoft, the above crime was registeredfor the offences punishable under Section 22(c) and 29 ofNDPSAct.
3 Heard the leamed counselfor the petitioner and the leamed Additional Public Prosecutorfor the respondent-State.
Rajasthan Stateand he was alleged to be a drug peddler, who was in
3
possession of a commercialquantity of contraband MDMA of 240 grams, it is considerednot a fit case for grant of bail to the
petitioner/accusedNo. I at this stage,
7 In the result,the Criminal Petition is dismissed'
Miscellaneous applications,pending if any,shall stand closed'
Sd/-V. KAVITHA ASSISTANT REFISTRAR
/ITRUE COPY//
Ch'.-
SECTION OFFICER
1
To,
PSR
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HIGH COURT
DATED: 16102t2024
ORDER
CRLP.No.1510 of 2024
H5. SI4 16
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DISMISSING THE CRIMINAL PETITION.
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3 issues framed by the court
Whether bail should be granted to the accused in possession of commercial quantity of MDMA
Whether non-compliance of NDPS Act search provisions warrants bail in this case
If the case is a fit case for grant of bail given commercial quantity seized
2 provisions across 2 enactments
Pradeep Sharma
State of Telangana
DR. JUSTICE G.RADHA RANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
