Dorangula Niranjan, v. The State Of Telangana

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IN THE HIGH COTJRT FOR THE STATE OF TELANGANA

AT HYDERABAD TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION NO: 15734 OF 2024 Between:

Dorangula Niranjan, S/o. Edanna, aged 43 years, Occ: Civil Contractor, R/o. H.No. l-93, Bairampur Village, Veldanda Mandal, Nagar Kurnool District. ...PETITIONER/ACCUSED No.3 AND The State of Telangana, through SHO, Bachupally Police Station, Cyberabad represented by its Public Prosecutor, High Court for the State of Telangana ...RESPONDENT/COMPLAINANT Petition under Section 480 & 483 of B.N,S.S., praying that in the circumstances stated in the Memorandum of Grounds of Criminal petition, the High Court may be pleased to enlarge the petitioner/Accused No. 3 on bail in SC NDPS No. 54 of 2023 on the file of the I Additional Sessions Judge, MedchalMalkajgiri District at Kushaiguda, Hyderabad registered on the basis of FIR No.49 of 2023 dated 29-01-2023 registered before Bachupally Police Station in the interest of justice.

This Petition coming on for hearing, upon perusing the lVlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri lr/ RAMA KRISHNA, Advocate for the Petitioner and of Sri Syed Yasar Mamoon, the Additional Public Prosecutor for the State of Telangana on behalf of the Sole Respondent.

The Court made the following: ORDER

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THE HONOURABLE SMT WSTICE K. SUJANA CRIMINAL PETITION No.15734 of 2o24 ORAL ORDER:

Seeking the Court to enlarge the petitioner, who is arrayed a.s accused No.3, in SC.NDPS.No.54 of 2023 on the file ol the learned I Additional Sessions Jr-tdge, Medchal- Malkajgiri District at Kushaiguda, Hyderabad, on bai[, tlle present Criminal Petition is filed. 2.

Tlre' brief facts of the case are that On 29.01.2023, at 4:3O F'M, Sub-lnspector G. Saidulu received cre,fible information that two persons were in possession o1 dry ganja near VNR Engineering College, Bachupally, He incorpor-ated this information into the General Diary, informed his superiors under Section 42(21 of the NDPS Act, and obtained permission to veriff the information. With [v,r() mediators, Pothaganthi Sridevi and Domaragidda Chandra Shekar, and his; staff, he a.pprehenCecl t$,o persons, Kilo Premdas and Ashok Kumar, rt,ho u,ere found with 37 kilograms arid 620

sKs,J Crt.P.[o.15734 of 2()24 grams of dry ganja, two mobile phones, and Rs 2,00O in cash. During questioning, they admitted their guilt, revealing that they were instructed by Niranjan to transport the ganj a from Odisha to sell it for easy money. 3.

Heard Sri M. Rama Krishna, learned counsel appearing on behalf of the petitioner as well as Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent - State.

4.

Learned counsel for the petitioner submitted that the petitioner is innocent and falsely implicated by the police, based solely on statements frorn accused Nos.1 and 2 and that the allegations do not warrant the charged sections, and there is no evidence of thc petitioner agreeing to buy or purchasing ganja from Accuscd No.1. He further submitted that no connection bctwcen the petitioner and other accused has becn established, and the petitioner was not found at thc delivery point.

5.

Learned counsel for the petitioner contended that the arrest of the petitioner was based on alleged

/ SKS,J Crl.P.No.15734 of 2024 statementsi by Accused Nos.1 and 2 while in police custody. I)cspite hling multiple bail applications, the petitioner remains in judicial remand, affecting their family's well-being and education. He further contended that the investigation is completed, and a supplemenl.ary charge sheet has been hled, serving no purpose in keeping lhe petitioner in judicial remand. The petitioner is a law-abiding citizen, willing to provide sureties and abide by any conditions for granting bail. Therefore, he prayed th,: Court to grant bail to the petitioner by allo'"r,ing th is criminal petition.

6.

On the other hand, learned Additional Public Prosecutor opposcd the submissions made by the learned counsel lor the petitioner stating that the allegations leveled against the petitioner are of serious nature which raises concern over his involvement in trade dntgs. Therefore , prayccl the Court to dismiss the criminal tI petition.

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l-iavi ng regard to the rival submissions made zrnd on going t hrough the material placed on record, it is

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SKS,J Crl.P.No.l5734 of 2024 noted that the limited grievance of learned counsel for the petitioner is that the petitioner was falsely implicated in the case solely based on the confession of accused Nos.l and 2, and no contraband was seized from him and that petitioner is no way concerned with the alleged offence, u,hereas, it is the specifrc stand of learned Additional Public Prosecutor that petitioner is actively involved in drug trade, working hand in hand with other accused pcrsons. The investigation in the case is not yet completed. Further, the contraband seized from the accused is a commercial quantity; this Court is not inclined Lo grant bail to the petitioner. Therefore, there are no merits in the criminal petition to grant bail to the petitioner and the same is liable to be dismissed. 8.

Accordingly, this Criminal petition is dismissed Miscellancous applications, if any pending, shalt stand closcd Sd/- P.CH. NAGABHUSHAMBA ASSISTANT REGISTRAR //TRUE COPY// ECTION OFFICER To

1. The I Additional Sessions Judge, Medchal Malkaioiri District.

2. The Station House Officer, Baihupaily poticJSijfron, CybeiabaO

3. Two ccs to the pubric prosecutor, (igh court ior tne 'Siite -orJerangana at Hyderabad (OUT)

4. One CC to SRt. M RAMA KR|SHNA, Advocate [OPUC]

5. Two CD Copies PR $

t HIGH COURT DATED:3111212024 -':1:

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ORDER

CRLP.No.15734 of 2024 .1..--a:- -/ GRL.PETITION IS DISMISSED w G('"9