Shaik Irfan vs State Of Telangana

This Criminal Petition, under Section 439 of the Code of Criminal Procedure, 1973, is filed by the petitioner/A.1, for grant of bail in Crime No.34 of 2021 on the file of Dummugudem Police Station, Bhadradri-Kothagudem District, registered for the offence punishable under Section 8(c) r/w 20(B) of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act').

Heard the learned counsel for the petitioner/A.1, the learned Assistant Public Prosecutor appearing for the respondent-State and perused the record.

The learned counsel for the petitioner/A.1 would submit that the Ganja belongs to one Shaik Sharook, who is arrayed as A.2 in the subject crime. The petitioner/A.1 is only driver of the car bearing registration No.HR-36-Q-0543. He is innocent and he has nothing to do with the ganja seized in this case. False case has been foisted against the petitioner/A.1 and he has no role to play in procuring ganja and ultimately prayed to allow the Criminal Petition as prayed for.

The learned Assistant Public Prosecutor opposed grant of bail to the petitioner/A.1 and contended that about 178 Kgs of ganja was seized from the possession of the petitioner/A.1. It is commercial quantity. It is not a fit case to grant bail to the petitioner/A.1 and ultimately prayed to dismiss the Criminal Petition.

It is evident from the record that on 01.04.2021 at about 06:00 AM, while the Sub-Inspector of Police, Dummugudem, along with staff were performing vehicle check at Seethanagaram Village centre, they observed a car bearing registration No.HR-36-Q-0543 being driven by the petitioner/A.1 and stopped the same. Upon search, the police found 178 Kgs of ganja in the said car and the same was seized under a cover of panchanama. The petitioner/A.1 was arrested and remanded to judicial custody on the same day, i.e., 01.04.2021. The quantity of ganja seized is commercial quantity. The petitioner/A.1 earlier moved bail petition before the learned Special Sessions Judge for the trial of cases under Narcotic Drugs and Psychotropic Substances Act-cum-I Additional Sessions Judge at Khammam, which was dismissed by the said Court vide order, dated 29.04.2021, passed in Crl.M.P.No.401 of 2021 holding that the petitioner/A.1 failed to satisfy the twin conditions of Section 37 of NDPS Act to enlarge him on regular bail. This Court has also arrived at the same conclusion, after perusal of record. Therefore, it is not a fit case to accede to the request of the petitioner/A.1. The Criminal Petition is devoid of merit and is liable to be dismissed.

Accordingly, the Criminal Petition is dismissed.

Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.