Ejaz Khan v. The State Of Telangana
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[ 3209 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE DT. JUSTICE CHILLAKUR SUMALATHA CRIM| NAL PETITION NO: 11316 OF 2022 Between:
Ejaz Khan, S/o. Asgar Khan, Aged 35 years, Occ. Driver, R/o. Partur Village and Taluka, Jalna District, Maharashtra State.
.,.PETITIONERYACCUSED NO.2 AND The State of Telangana, Through Police Station Lingala Ghanpur, Rep. by Public Prosecutor, High Court at Hyderabad.
...RESPONDENT/COM PLAINANT Petition under Section 437 & 439 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to release the Petitioner/Accused No.2 on bail in connection with the Crime No. 137 of 2022, dL.2110712022 on the file of the S.H.O. Lingalaghanpur Police Station, Jangaon District in the interest of justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri PALLE SRIHARINATH, Advocate for the Petitioner and of the Additional Public Prosecutor for the State of Telangana on behalf of the Respondent (sole) The Court made the following: ORDER
HON,B].E DT. JUSIICE CHILLAKUR SUMALATHA CF.IMINAL PETITION No. 11316 of 2022 ORDER:
1 .
Heard Sri P. Sril-rarinath, learned counsel for the petitioner as well as the learned Additional Public Prosecutor r,',h o is representing the Respondent-State. 2.
This Crirninal Petition, under Section 439 Cr.P.C., is filed seeking the Court to enlarge the petitioner, who is arrayed as Ar:cused No.2 in Crime No. 137 of 2022 of Lingala Gharpur Police Station, Warangal District, on bail. 3 .
Making his subnrission, learned counsel for the petitioner contended that the petitioner 15 ln judicial custody sincc July 2022 and he has not committed any olfence whatsoever. Learned counsei also submitted that on completion of investigiltion, charge sheet is also laid and therefore, the petitioner is entitled for bail. 4.
Serioush, opposing the submission thus made, learned Additional Public Prosecutor stated that totally, 404 Kgs of Ganja was seized from the possession of the petitioner and other accused. Learned Additional Public Prosecutor a-lso submitted that the petitioner and other
cd.P,No.lt316_2022 accused were involved in systematically procuring Ganja and transporting the szune and they were found transporting Ganja by hiding the same beneath the eatables and thus, the petitioner is not entitled for bail. 5.
The crux of the case as could be perceived through the contents ol the charge sheet is that the petitioner is the brother of Accused No. 1. Accused No.1 was involved in transportation of dry Ganja since 20 18 and previously, Accused No. 1 was arrested and was sent to jail for transporting dry Ganja. In the year 2020, Accused No.1 purchased Mahindra Bolero Trolley vehicle for transporting dry Ganja and the body of the vehicle was altered by additional draw to conceal the dry Ganja. Thereafter, the petitioner and other accused started transporting dry Ganja in the said vehicle. When they were transporting dry Ganja, the said vehicle was ultimately intercepted by police arrd huge quantity of Ganja, i.e. 404 Kgs and 5OO grams, was seized from their possession. The allegations, thus leveiled, are grave in nature. Though the learned counsel for the petitioner contended that the petitioner is innocent, the contents of charge sheet discloses grave allegations.
o..csu Cd.P.No-71116 2022 Furthermore, having regard to the quantity of contraband found, Section 37 of the Narcotic Drugs and Psychotropic Substances Act comes into play. The petitioner failed to satisfy this Court that he falls outside the ambit of said provlslon.
6.
Thus, having found prima facie allegations against the petitioner, this Court is of the view that the petitioner is not entitled for bail.
7.
Resultaltly, the Criminal petition is dismissed. Sd/.G.SIREESHA ASSISTANT RE ISTRAR /,/TRUE COPY// SECTION OFFICER To
1. The Judicial First Class ft,4agistrate, at Jangaon'
2. The Station House Officer, P S. Lingala Ghanpur, -Jangaon'
5. On" CC to Sri Palle Sriharinath. Advocate [OPUC] ;. i;
CC"io tn" Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT)
5. Two CD CoPies {\+- Kj
HIGH COURT DAfED:3011212O22 u STAiE c,(.
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ORDER
CRLP.No.1131 6 of 2022 THE CRL.P. IS DISMISSED.
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