Telangana High Court
Mudavath Naveen vs The State Of Telangana on 12 June, 2024
Author: N.Tukaramji
Bench: N.Tukaramji
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
CRIMINAL PETITION No.6025 OF 2024
ORDER
This Criminal Petition is filed under Sections 437 and 439 of the Code of Criminal Procedure seeking regular bail.
2. The petitioner is accused No.5 in Crime No.28 of 2024 of Bollaram Police Station, Hyderabad, within the jurisdiction of XXII Additional Chief Metropolitan Magistrate, Secunderabad.
3. The accusation against the petitioner is that on 01.03.2024, accused Nos.1 to 4 were apprehended while they were in possession of 11 LSD Blots weighing 0.15 grams. Upon their statement, the petitioner's role as supplier came to light. On 12.03.2024, the Police apprehended the petitioner and from his possession 4 LSD Blots weighing 0.04 grams have been seized. Thus, the petitioner had committed offences under Sections 8(c) read with Section 22(c), 27, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'N.D.P.S. Act')
4. Heard Mr. G.L.Narasimha Rao, learned counsel for the petitioner and Sri S.Sudarshan, learned Additional Public Prosecutor, representing the respondent-State.
2 NTR,J Crl.P.No.6025 of 2024
5. Learned counsel for the petitioner would submit that the petitioner is innocent and he was falsely implicated in the case. Further, the petitioner is in judicial custody since 12.03.2024 and the investigation has been completed. That apart, the petitioner is ready to furnish sufficient sureties and co-operate with the investigation and judicial process. Hence, prayed for granting bail.
6. Learned Additional Public Prosecutor opposed the bail application and submits that the investigation is still pending and the petitioner is supplier of the contraband, moreover, the petitioner was found in possession of intermediary quantity of LSD Blots. In addition, the petitioner is involved in similar two other offences in Crime Nos.26 of 2021 and 198 of 2023. Thus, the petitioner is habitual and prayed for dismissal of the application.
7. I have considered the submissions of the learned counsel and perused the materials on record.
8. The specific case of the prosecution against the petitioner is that he is part of supply chain of the contraband. Having regard to the nature of offence, the allegation as to involvement of the petitioner in the crimes of similar nature and the pendency of investigation reported by the prosecution, this Court is of the 3 NTR,J Crl.P.No.6025 of 2024 considered opinion that the prayer of the petitioner for grant of bail, at this stage, is not acceptable.
9 Accordingly, in absence of merit, this Criminal Petition is dismissed.
Pending miscellaneous applications, if any, in this Criminal Petition shall stand closed.
_______________ N.TUKARAMJI, J Date: 12.06.2024 svl