Telangana High Court
Nakka Naveen Goud, And Another vs The State Of Telangana on 17 March, 2022
Author: Shameem Akther
Bench: Shameem Akther
THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
CRIMINAL PETITION No.10300 of 2021
ORDER:
This Criminal Petition, under Section 439 of the Code of Criminal Procedure, 1973, is filed by the petitioners/A.2 and A.3, for grant of bail in Crime No.174 of 2021 of BDL Bhanoor Police Station, Sangareddy District, registered for the offences punishable under Sections 8(c) r/w 22(c) of Narcotic Drugs and Psychotropic Substances Act, 1985.
2. Heard the learned counsel for petitioners/A.2 and A.3, learned Assistant Public Prosecutor appearing for the respondent-State and perused the record.
3. Learned counsel for the petitioners/A.2 and A.3 would submit that the petitioners/A.2 and A.3 are innocent persons and they are falsely implicated in the subject crime. No Alprazolam was seized from the possession of the petitioners/A2 and A3. The father of one of the petitioners/A2 and A3 was suffering from ill-health. The petitioners/A2 and A3 are ready to abide by the conditions, in the event of granting bail in their favour and ultimately prayed to allow the criminal petition as prayed for.
4. On the other hand, the learned Assistant Public Prosecutor opposed the grant of bail to the petitioners/A2 and A3 and contended 2 that A4 and the petitioners/A2 and A3 had purchased 8 kgs of Alprazolam from A1, out of which 2 kgs of Alprazolam was sold to A5. On 03.11.2021 while the petitioners/A2 and A3 were proceeding to Pashamailaram Village side in Maruthi Zen car bearing No.AP-09-CC 5394 to sell the remaining 6 kgs of Alprazolam, police intercepted them and recovered Alprazolam under a cover of panchanama. The quantity of Alprazolam seized is more than the commercial quantity and ultimately prayed to dismiss the criminal petition.
5. The material placed on record reveals that on 03.11.2021 at about 12:00 hours, while the police were checking the vehicles at IDA Pashamailaram Village Kirby X-road, they intercepted Maruthi Zen Car bearing No.AP 09 CC 5394, wherein A4 and the petitioners/A2 and A3 were found to be in possession of 6 kgs of Alprazolam and the same was alleged to have been recovered under a cover of panchanama, pursuant to the confession made by them. In the investigation, it has come to light that the petitioners/A2 and A3 were purchasing and selling Alprazolam to the toddy shops in surrounding villages of Kyasaram Village, to gain more money easily. Alprazolam alleged to have been seized from the petitioners is more than the commercial quantity. This Court while granting bail under Section 439 Cr.P.C. has to see whether the twin requirements under Section 37 of the NDPS Act, i.e., i) there are reasonable grounds for believing that the accused is not guilty of such offence; and (ii) he is not likely to commit any 3 offence while on bail, are satisfied or not. In the instant case, since 6 kgs of Alprazolam alleged to have been seized from the possession of the petitioners/A2 and A3, under a cover of panchanama, it cannot be determined at this stage that the petitioners/A2 and A3 are innocent and that they would not indulge in similar offence, in future. The ill- health of the father of one of the petitioners/A2 and A3 cannot be a ground to grant bail to the petitioners/A2 and A3. Under these circumstances, there are no merits in this criminal petition and the same is liable to be dismissed.
6. Accordingly, this Criminal Petition is dismissed.
Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.
______________________ Dr. SHAMEEM AKTHER, J Date: 17.03.2022 ssp