Telangana High Court
Mr.Karumuri Venkataratna Reddy vs State Of Telangana on 5 January, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION Nos.12629 and 12875 of 2023
COMMON ORDER:
1. Criminal Petition No.12629 of 2023 is filed by the petitioner/A5 and Criminal Petition No.12875 of 2023 is filed by the petitioner/A2 in Crime No.120 of 2023 registered with P.S.Gudimalkapur for the offences under Sections 8(c) r/w 20(b)(ii)(A) 22 (c), 27 of NDPS Act. Since the petitioners are accused in the same crime seeking regular bail, both the petitions are disposed off by way of this Common Order.
2. The Gudimalkapur police, having received information that the persons in Hyundai Car bearing No.AP 39QF 2259 are in possession of narcotic drugs, stopped the said car at 8.15 hours while coming towards Rethibowli X Roads. One person was present in the car, who is A1. Having followed the procedure prescribed, he was searched in the presence of Gazetted Officer. From his possession, four small packs containing white powder cocaine weighing 2.8 grams and 25 Ecstasy pills weighing 11.5 grams were seized apart from cash and telephone.
3. In pursuance of the confession of A1, the police identified the petitioner/A2 and went to his residence at Flat No.804, Fresh 2 Living Apartment, Madhapur, Hyderabad. From petitioner's possession, six LSD blots weighing 0.07 grams kept in plastic pouch were seized. The petitioner/A2 confessed that he supplies drugs to A3 and others and the names of consumers were also given. Apart from the present crime, the petitioner/A2 was involved in 14 other crimes over a period of 12 years.
4. The petitioner/A5, who was identified as drug peddler after the confession of A2, was arrested on 13.09.2023. On the information given by the petitioner/A5 that he was in possession of MDMA and ecstasy pills, search was conducted in the presence of Gazetted Officer. From the petitioner/A5, 30 grams of MDMA was seized.
5. Learned counsel for the petitioner/A2 would submit that 0.07 grams of LSD blots is intermediary quantity. Since he is in jail from 31.08.2023, he may be released on bail.
6. Learned counsel for the petitioner/A5 would submit that the police did not follow the procedure prescribed for sampling. It is in violation of Section 52-A of NDPS Act, as such, bail has to be granted. Learned counsel had filed the docket order dated 3 26.09.2023, regarding the sampling of 30 grams of MDMA that was seized.
7. On the other hand, learned Additional Public Prosecutor would submit that the petitioner/A2 was involved in 14 other crimes and is a drug peddler. Insofar as the petitioner/A5 is concerned, 30 grams of MDMA was seized, which is of commercial quantity.
8. Keeping in view the criminal antecedents of A2 and also for the reason of A5 being in possession of commercial quantity, this Court is not inclined to grant bail at this stage.
9. Accordingly, both the Criminal Petitions are dismissed.
__________________ K.SURENDER, J Date : 05.01.2024 kvs