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2018 Supreme(AP) 563

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
B. SIVA SANKARA RAO, J.
Mohd. Younus @ Raj Kumar & Others - Petitioners
Versus
The State of Telangana Rep. by its Public Prosecutor & Another - Respondents
Crl.P. Nos. 2900, 3020 & 5814 of 2018
Decided On : 19-06-2018

Advocates Appeared:
For the Petitioner:Duvvuri Suryanarayana, M/s. Milind G. Gokhale, A.P. Reddy, Advocates
For the Respondents: Anil Prasad Tiwari, Spl. Public Prosecutor

Headnote:Narcotic Drugs and Psychotropic Substances Act, 1985-Sections 8, 9, 22, 25, 28 and 29-Code of Criminal Procedure, 1973-Sections 437 and 439-Bail application-Accused is in judicial custody since long time is not even a ground for grant of bail for long incarceration no way provides as a ground u/sec.37 of the Act-Even taken for arguments sake, erroneously standing instructions not followed if at all in the collection of samples, that itself does not entitle either acquittal or any reasonable ground to believe of not likely to be convicted but for in absence of showing any prejudice thereby caused that to be considered if at all same are one of mandatory conditions to observe and with reference to any prejudice caused thereby, which are matters to be considered in trial and for all these reasons, none of petitioners are entitled to concession of bail-Criminal Petitions dismissed. (Paras 22 to 24)

ORDER :

1. The three petitioners by names Mohd.Younus @ Raj Kumar-A.1 (petitioner in Crl.P.No.2900 of 2018), Mohd.Shakeel-A.2 (petitioner in Crl.P.No.3020 of 2018) and Brahmanandam Goud-A.5(petitioner in Crl.P.No.5814 of 2018) who are the accused in F.No.DR1/HZU/48D/ENQ- 23(INT-14) 2017, dt.28.07.2017 registered for the offences punishable u/secs.8, 9, 22, 25, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( for short, ‘the NDPS Act’), by the Officer of the Directorate and Revenue Intelligence(for short, ‘DRI’), moved the three regular bail petitions.

2. The A.1 and A.2 in judicial custody since 29.07.2017 earlier moved regular bail petition in Crl.M.P.No.917 of 2017 along with one Haranathreddy (A.3) in Crl.M.P.No.1004 of 2017 before the learned I Addl. District & Sessions Judge, Medak at Sanga Reddy and those were dismissed by common order, dt.30.01.2018.

3. The A.5 in judicial custody since 22.01.2018 earlier moved regular bail petition in Crl.M.P.No.62 of 2018 and the learned Sessions Judge as in charge of the I Addl. Sessions Judge by order dated 16.05.2018 dismissed the same. It is later they moved the present applications.

4. The sum and substance of the accusation against them is that, based on the Intelligence report about Alprazolum-a psychotropic substance which is a scheduled drug as per the NDPS Act was manufactured and secreted in the shed at Survey No.353/AA, Kazipet Village, Narsapur Mandal, Medak District. Further a chemical intermediate is found at M/s Golden Streak Laboratories Limited situated in Survey No.329 and 334, Veliminudu, Chityala Mandal, Nalgonda District. Further at the residence of A.1 H.No.4-5, Borapatla Hathnoora Mandal of Medak district and at the servant quarters in the guest house belongs to Mr.Laxman Rao Babu, Isnapur village, Medak District i.e. at the residence of the parents of A.1 and A.2, when simultaneous searches were conducted by the officials of the DRI at the above four places on 28.07.2017, 18.55kgs., of Alprazolum totally valued at Rs.27, 82,500/- and also the IV stage material totally weighing 4.6kgs, valued at Rs.5,52,000/- @ Rs.1,20,000/- per kg was found and seized under the cover of panchanama in the presence of mediators and effected the arrest of A.1 to A.3 from they have knowingly indulged in dealing with the commercial quantity of Alprazolum-a psychotropic substance supra without any authorization or documents from any Government Agencies.

5. The accusation against A.1 and A.2 besides A.3 and A.4 there from is that as per information given by the A.1, the intermediate chemical stage IV substance to a tune of 30 kgs, along with Orthozylene(liquid chemical) was supplied by the A.3 for illegal manufacturing of Alprazolum in batches.

6. So far as A.5 is concerned the accusation against him is that, in Sy.No.353/AA of Khajipet supra found a cowshed on the left side and a plastic cover stitched out of HDPE sacks on which half white material is spread found in the open to sky and A.1 supra has introduced the A.5 there and informed that the shed belongs to his family and it was let out by A.5 to A.1 on rent of Rs.20,000/- per month for the illegal manufacture of the drugs and thereafter the A.1 took the Officers to the adjacent portion of the shed and found a glass flask/reactor and A.1 introduced the A.3 in the reactor shed and when the officers enquired about the material, the A.1 disclosed of the chemical illegally manufactured by them in the shed by using the glass flask/reactor available in the shed and said chemical placed in the open sky for the purpose of drying Alprazolum and informed that he manufactured the Alprazolum with the help of his brother A.2 at the premises. It is also the disclosure about the modes operandi in the manufacture of contraband and purchased intermediate chemical stage IV material from one Haranath Reddy-A.3 of Miyapur supra and brought around 30kgs, of the Stage IV material along with Orthozylene(liquid chemical) for manufactu
















































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