Rahul Singh vs The State Of Telangana
2022 Latest Caselaw 4295 Tel

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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.

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

2020 (2) ALT (Crl.) 230 (SC)

THE HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION NO. 7351 OF 2022

Dt.25.08.2022

tk