Telangana High Court
Patil Amarnath vs The State Of Telangana on 27 March, 2024
Author: G. Radha Rani
Bench: G. Radha Rani
THE HON'BLE Dr. JUSTICE G. RADHA RANI
CRIMINAL PETITION Nos.3411 and 3322 of 2024
COMMON ORDER:
These Criminal Petitions are filed by the petitioners /accused No.1
and 2 under Sections 437 and 439 Cr.P.C. for grant of bail in Crime No.915
of 2023 on the file of the Pet Basheerabad Police Station, Cyberabad, which
was numbered as C.C.No.860 of 2023 on the file of the learned First
Additional District Judge at Malkajgiri, registered for the offence under
Section 8(c) r/w 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (for short 'NDPS Act').
2. The case of the prosecution in brief was that on 23.10.2023 at 19:00
hours, the SI of Police of Pet Basheerabad Police Station on credible
information about some unknown persons transporting Ganja in a car
proceeded to Dhoolapally X roads along with his staff and clues team and
conducted vehicle checking. While conducting vehicle checking, they found
a Verna car bearing No.AP 36 R 3303, stopped the same and found accused
Nos.1 and 2 in the said car. On enquiry, it revealed that accused No.1
belonged to Karnataka, accused No.2 belonged to Chattisgarh and that the
car belonged to accused No.5. On checking the car, the SI found 82 kgs of
ganja packed in 41 bundles in the dicky of car. The SI conducted
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Crl.P. Nos.3411 & 3322 of 2024
panchanama and seized the contraband. Accused Nos.1 and 2 further
revealed that they procured the contraband from accused No.3, who
belonged to the State of Orissa and were proceeding to handover the
contraband to accused No.4 at Maharashtra. He produced the accused
Nos.1 and 2 before the Station House Officer. Basing on his report, the
above crime was registered.
3. Heard learned counsel for the petitioners/accused Nos.1 and 2 and the
learned Additional Public Prosecutor.
4. Learned counsel for the petitioners submitted that the seizure of the
contraband was not done as per the mandatory provisions of NDPS Rules
2022. There were violations of Rules 3(2), 3(3), 3(4) and 3(5). As per the
panchanama, the contraband was transferred into two gunny bags and the
samples were not drawn before the Magistrate, the panch chits were pasted
on the gunny bags which would give scope for tampering. Sampling was
done against the Rules and not drawn from each bundle, and against the
guidelines given in several judgments by several constitutional Courts and
relied upon the judgment of the Hon'ble Apex Court in Mangilal vs. The
State of Madhya Pradesh 1, the judgment of High Court of Delhi in Kashif
2023 LiveLaw (SC) 549
Dr.GRR,J
Crl.P. Nos.3411 & 3322 of 2024
vs. Narcotics Control Bureau, dated 18.05.2023 and the judgment of this
Court in Baba Sow Chandekar vs. State of Telangana 2.
5. On the other hand, the learned Additional Public Prosecutor opposed
grant of bail to the petitioners/accused Nos.1 and 2 stating that investigation
was completed, charge sheet was also filed and there was no procedural
violation in drawing the samples under Section 52-A of NDPS Act.
6. Perused the record.
7. On a perusal of the judgment of the Hon'ble Apex Court in
Mangilal's case (1 supra), the same was delivered while deciding the
Criminal Appeal and it was not at the stage of granting bail. This Court is of
the considered opinion that the procedural violations in drawing the samples
can be looked into only at the stage of trial, but not at the stage of granting
bail.
8. Considering that the investigation was completed and charge sheet
was also filed and the same was also taken on file and the matter was ripe
for trial and as the petitioners/accused Nos.1 and 2 belonged to different
states and if they were released on bail at this stage, it might be difficult to
LAWS (TLNG) 2022 7 85
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Crl.P. Nos.3411 & 3322 of 2024
procure their presence for trial, it is considered not a fit case to grant bail to
petitioners/accused Nos.1 and 2 at this stage.
9. In the result, the Criminal Petitions are dismissed.
Miscellaneous applications, if any, pending, shall stand closed.
_____________________
Dr. G. RADHA RANI, J
Date: 27.03.2024
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