Gattu Sammaiah Sampath vs The State Of Telangana
2022 Latest Caselaw 3707 Tel

                                                Crl.Petition No.5942 of 2022
                                  1




      THE HONOURABLE SRI JUSTICE K.SURENDER

          CRIMINAL PETITION No.5942 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 who is arrayed as Accused No.4 in

Crime No.270 of 2022 on the file of Station House Officer, Keesara

Police Station, Rachakonda registered for the offence punishable

under Section 20(b)(ii)(C) of NDPS.

2. Heard learned counsel for the petitioner/Accused No.4 and

learned Assistant Public Prosecutor for the respondent-State.

Perused the record.

3. The case of the prosecution is that on 24.04.2022 when the

Keesara police found a car being driven by this petitioner containing

39 packets of ganja, total weighing about 78 kgs, was seized. On

the very same day, the police had prepared panchanama and also

seized the said 39 packets of ganja from the possession of accused.

From the preliminary investigation conducted by the police, it was

found that these petitioners were getting ganja from Andhra-Orrissa Crl.Petition No.5942 of 2022

border to Zahirabad and while transporting the said ganja they were

intercepted and caught. According to the remand case diary, the car

was driven by this petitioner and the other accused were also

present. It is further mentioned in the remand case diary that these

packets were put in the car by Accused Nos.2 to 4. In the said

circumstances, it cannot be said that Accused No.4 was not having

knowledge about the 39 packets of ganja found in the car.

4. Learned counsel for the petitioner submits that there are

discrepancies regarding the seizure of the contraband at one point

which shows 39 packets and at another the remand CD shows that

30 packets. Further on the basis of the judgments rendered by the

Hon'ble Supreme Court which suggested that video recording of the

proceedings give credibility to the case of the prosecution. Further,

the Hon'ble Supreme Court also held that in cases where it is first

offence, bail could be considered.

5. In the present circumstances, 39 packets of ganja was seized

and according to the remand report it was accused No.4 who was

driving the car and had knowledge about those packets and

transporting the same by shifting from another vehicle.

Crl.Petition No.5942 of 2022

6. In the said circumstances, I find no reasons to grant bail at

this juncture, accordingly, this Criminal Petition is dismissed.

Miscellaneous applications, pending if any, shall stand closed.

_____________ K.SURENDER, J Date: 14.07.2022 ns