Lakhan Singh, Vs The State of Telangana.

The State of Telangana., Through Prohibition and Excise, Dhoolpet, Hyderabad. Represented by its Public Prosecutor, High Court for the State of Telangana, at Hyderabad.

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...RESPONDENT'COMPLAI NANT

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Petition under Section 480 & 483 of BNSS praying that In the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioner lAccused No.2 on bail in Crime No.32 of 2025, dated 16.04.2025 on the file of the Prohibition and Excise Station, Dhoolpet, Hyderabad in the interest of justice

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Urnesh Singh ,Advocate for the^Petitioner and Sri. D. Arun Kumar, the^{AdditionalPublic} Prosecutor for the State of Telangana on behalf of the Respondent.

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The Court made the following: ORDER

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THE HONOURABLE^{SMT. JIISTICEK. SUJANA}

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CRIMINAL PETITION IIo.1221O^{ol 2ol25}

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I5]TFTffiE

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Seeking the Court to^{enlarge the petitioner, who is} arrayed as accused No.2 in^{CrimeNo.32of 2025 of Prohibition} and Excise Police Station,^{Dhoolpet, oD bailr the present} Criminal Petition is filed.

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The brief facts of the^{case are that, on 16.O4 -2025 at} L2:L5 PM, based on reliable^{information regarding the illegal} possession, sale, and transportation^{of dry ganja in a Honda} scooty bearing No. TS^{13 EY 0344, the SI of Police along with} the staff of PS Dhoolpet,^{Hyderabad, conductedroute watch at} the backside of Rani^{Avanthi Bai Statue, Amalapur,Tappa} Chabutra, A.sif^{Nagar, Hyderabad.They interceptedthe said} vehicle belonging to^{accusedNo- 1and found him in} possession of 25.23 kgs of dry^{ganja intendedfor sale.} Accused No.l, along^{with the seized contraband, vehicle, two} cell phones, and^{casepapers, was handed over to the SHO,} based on which a case^{was registered in crime No.3o of 2025} for the offence under^{Section 8(c) read with 2o(bxirxc) of the}

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sKs", Crl.P.IIo. 122 1O of 2025

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NDPS Act- Accused No.l was remanded to judicial custody. During enquiry, Accused No.l confessed to the offence and stated that the Petitioner procured ganja from a native of Chhattisgarh and supplied it to hirn for sale.

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Heard Sri Umesh Singh, learned counsel appearing on behalf of the petitioner as well as Sri D. Arrn Kumar, learned Additional Public Prosecutor appearing on U"f,"f of the respondent - State

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learned counsel for the petitioner submitted that the allegations leveled against the petitioner are false and fabricated. He further submitted that the only evidence against the petitioner is the inadmissible confessional statements of other accused. He contended that the police did not follow due process, and no material evidence was seized from him. He further submitted that the petitioner is in jail since or.o8.2o25 and the material part of the investigation is completed. Therefore, he prayed the Court to grant bail to the petitioner by allowing this criminal petition.

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On the other hand, learned Additional^public prosecutor opposed the submissions made by the learned counsel for the petitioner stating that the petitioner is a drrg peddler. He

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sKs,J Crt.P.No.1221O of 2O25

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further submitted that^{the investigationis in progressand if} the petitioner is released on^{bail, at this stage, he may tamper} with the evidence and may threaten^{the witnesses.He} contended that there are hve other^{cases pending against the} petitioner. Hence, he prayeci the Court to dismiss the^criminal petition.

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Having regard to the rival submissions^{made and on} going through the material placed on record, it^{is noted that} previously the petitioner had {iled Crl.P.No.10448 of²⁰²⁵ before this Court, seeking the relief of^{grant of regular bail and} tlre sarne was dismissed^{uide order datedO1.O9.2O25} ,obserwing that 'section 37 of the NDPS Act mandates tltot offences inuoluing commercial^qttantities be^{non-bailable,} reEtiring reasonable grounds to belieue tlrc^{acatsed is not} WW^{and unlikely to commit} fufther^{offeruces while on bail.} Giuen the serious set of atlegations^{against the petitioner,this} Court is not satisfted that conditions lor^{granting bail under} Section 37 are met'. However, it is noticed that^{there are no} changed circumstances back then in the^{earlier regular bail} petition, and the present bail petition. As such, this Court is : not inclined to grant the reiief as sought for, by the^petitioner.

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SKS,., Crl.P.fo. 122 LO oJ 2Cr25

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There are no merits^{in this Criminal Petition, and the sameis}

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liable to be dismissed.

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Accordingly, this Criminal^{Petitionis dismissed.}

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Miscellaneous applications,^{if any pending, shall stand}

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closed.

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SD/- C. DEEPIKA ASSISTANT REGISTRAR 6 ,,TRUE COPY" SECTION OFFICER

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To, 1. The I Additional Sessions Judge, Hyderabad 2. The Station House Officer, Police Station Excise Dhoolpet, Hyderabad 3. Two CCs to the Public Prosecutor, High Court for the State of^Telangana, Hyderabad. (OUT) 4. Oire CC to Sri.-Umesh Singh, Advocate TOPUCI 5. Two CD Copies

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HIGH COURT

DATED =0717012025