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THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION NO.7351 OF 2022
ORDER:
This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioner/A1 in Crime No.139 of 2022 on the file of Mangalhat Police Station, Gosha Mahal Division, Hyderabad, registered for the offence punishable under Section 8 (C) read with Section 20(b)(ii)(C) of NDPS Act, 1985.
2. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State and perused the record.
3. The case of Mangalhat Police is that at the residence of this petitioner, 21 Kgs. of ganja was found. The police implicated this petitioner as Accused No.1 and Accused No.2 also for the reason of being present in the said premises.
4. This Court vide order dated 08.08.2022 in Crl.P.No.6175 of 2022 granted bail to Accused No.2, for the reason of the seizure of the contraband from the resident of this petitioner.
5. Learned Counsel for the petitioner submits that according to Aadhar Card, house number given by the police is incorrect and the petitioner is nothing to do with the said premises where from the ganja was seized and that in the said circumstances, this petitioner is entitled to the relief of bail.
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6. On the other hand learned Assistant Public Prosecutor submits that there are four other cases under NDPS Act and the petitioner cannot be granted bail as prayed for.
7. Learned Counsel for petitioner relied upon the Judgment of the Honourable Supreme Court in Prabhakar Tewari v. State of U.P. and another 1 held that pendency of criminal cases cannot be made basis to refuse bail.
8. There is no dispute regarding the proposition laid down by the Honourable Supreme Court. However, in the present case, the petitioner is involved in four other cases in the NDPS Act. The present case is for the seizure of 21 Kgts of ganja which is commercial quantity. There are no grounds to grant bail to this petitioner keeping in view the twin requirements under Section 37 of the NDPS Act.
9. Accordingly, the Criminal Petition is dismissed. However, the petitioner is at liberty to move bail application under changed circumstances at a later date.
Miscellaneous applications, pending if any, shall stand closed.
_________________ K.SURENDER, J Date: 25.08.2022 tk 1 2020 (2) ALT (Crl.) 230 (SC) 3 THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 7351 OF 2022 Dt.25.08.2022 tk