Telangana High Court
Jithendra Singh Rajpurohit vs The State Of Telangana on 2 February, 2023
Author: Chillakur Sumalatha
Bench: Chillakur Sumalatha
HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA
CRIMINAL PETITION No.114 of 2023
ORDER:
1. Heard Sri Chenna Keshavulu, learned counsel who argued on behalf of Dr.Challa Srinivas Reddy, learned counsel on record for the petitioners 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 petitioners, who are arrayed as Accused Nos.1 & 2 in S.C.No.35 of 2022, which is pending before the Court of I Additional District & Sessions Judge, Warangal, on bail.
3. Making his submission, learned counsel for the petitioners states that the allegation that is levelled against the petitioners is that they were found in possession of 23 Kgs of Ganja and indeed, they are innocent. Learned counsel submits that the petitioners are in judicial custody since '392' days and the entire investigation is completed and charge sheet is also laid and therefore, they may be enlarged on bail.
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Dr.CSL,J Crl.P.No.114 of 2023
4. Per contra, the submission of the learned Additional Public Prosecutor is that the quantity of Ganja seized falls under the category of commercial quantity and therefore, the petitioners are not entitled for bail.
5. As per the contents of the charge sheet, the petitioners who thought of earning easy money, went to Paloncha, met Accused No.3, purchased 23 Kgs of Ganja from him @ Rs.10,000/- per Kg, packed the same and kept the packets in two bags for transporting the same to Surat. They reached Warangal and while they were planning to proceed to Surat by train and were passing time at Municipal Park near Warangal, they were apprehended by police and Ganja was seized. The petition, therefore, is hit by Section 37 of the Narcotic Drugs and Psychotropic Substances Act. However, considering the fact that the petitioners are in judicial custody since '392' days, this Court considers desirable to direct the trial Court to complete the trial in the Sessions case as expeditiously as possible, preferably within a period of four months.
6. Thus, the Criminal Petition is disposed of with the following direction:-
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Dr.CSL,J Crl.P.No.114 of 2023 "The Court of I Additional District & Sessions Judge, Warangal, is directed to complete the trial in S.C.No.35 of 2022 which is pending on the file of the said Court within a period of four (4) months from the date of receipt of copy of this order. In case the trial could not be completed within such time, the petitioners are at liberty to approach this Court for grant of bail."
7. Pending miscellaneous petitions, if any, shall stand closed.
________________________________________ Dr. JUSTICE CHILLAKUR SUMALATHA Date:02.02.2023 ysk 4 Dr.CSL,J Crl.P.No.114 of 2023 HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.114 of 2023 Date:02.02.2023 ysk