Telangana High Court
Shaik Aslam vs The State Of Telangana on 14 March, 2023
Author: Chillakur Sumalatha
Bench: Chillakur Sumalatha
HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA
CRIMINAL PETITION No.2029 of 2023
ORDER:
Heard Sri Surya Balu Mahendra, learned counsel for the petitioner, as well as the learned Additional Public Prosecutor who is representing the respondent-State.
2. This Criminal Petition is filed under Section 439 Cr.P.C. seeking the Court to enlarge the petitioner, who is arrayed as accused No.2 in Crime No.173 of 2022 of Paloncha Rural Police Station, Bhadradri-Kothagudem District, on bail.
3. The facts of the case in brief, as could be perceived through the contents of the Remand Report, are that accused No.1, who was addicted to bad vices, got involved in several theft cases besides possession and transportation of ganja cases. He got acquainted with accused No.5. Accused No.1 hatched a plan to transport ganja and sought the help of the petitioner-accused No.2, accused No.3 and one juvenile in conflict with law. On that, a Duston GO+ Car was secured and while accused No.1, the petitioner and the juvenile in conflict with law were transporting ganja in the said car, which is being escorted by accused No.3, police stopped the said vehicle and seized the contraband.
2
Dr CSL, J Crl.P.No.2029 of 2023
4. Stating that the petitioner was only helping accused No.1, even as per the version of the prosecution, and therefore, he is entitled for bail, learned counsel for the petitioner contends that the petitioner is in judicial custody since 01.11.2022 and therefore, he may be enlarged on bail.
5. On the other hand, the submission of the learned Additional Public Prosecutor is that 168.9 kgs of ganja was seized from the possession of the petitioner and therefore, the petitioner is not entitled for bail.
6. The contents of the Remand Report besides disclosing prima facie case against the petitioner also reveals that the quantity of contraband involved falls within the ambit of commercial quantity. Therefore, the case is badly hit by Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Thus, this Court is of the view that the petitioner is not entitled for the relief sought for.
7. Resultantly, this Criminal Petition stands dismissed.
________________________________________ Dr. JUSTICE CHILLAKUR SUMALATHA 14.3.2023 dr