IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

TUESDAY ,THE TWENTY SECOND DAY OF MARCH

TWO THOUSAND AND TWENTY TWO

PRESENT

THE HONOURABLE DT. JUSTICE SHAMEEM AKTHER

CRIMINAL PETITION NO: 2379 OF 2022

Between:

1. Vanthala Malleswari, W/o. Laliban, Aged 29 ^years, Occ. Labour, ^Fl/o.

Pedalabudu Village, Araku Valley Mandal Visakhapatnam District, Andhra

Pradesh.

2. Vanthala Suhasini, W/o. Ravi, Aged 26 ^years, Occ. Labour, R/o. Vasantha

Village, Gantiyada [Mandal, Visakhapatnam District, Andhra Pradesh.

3. Setti Radhamani, Wo. Laxman Rao, Aged 32 ^years, Occ. Labour, ^Fl/o.

Pedalabudu Village, Araku Valley lVandal, Visakhapatnam District, Andhra

Pradesh.

4. Setti Padma, W/o. Kondal Rao, Aged 50 ^years, Occ. Labour, R/o. Pedalabudu

Village, Araku Valley Mandl, Visakhapatnam District, Andhra Pradesh.

5. Vanthala Kumari, Wo. Saibabu, Aged 31 ^years, Occ. ^{Labour, Rl/o.}

Pedalabudu Village, Araku Valley Mandal Visakhapatnam District, Andhra

Pradesh.

6. Pujari Ganga, W/o. V Dasu, Aged 20 ^years, Occ. Labour, ^{R/o. Pedalabudu}

Village, Araku Valley Mandal, Visakhapatnam District.

...PETITIONERS/ACCUSED -A8-A1 3

AND

The State of Telan

Telangana Hydera

Hyderabad.

s

b

ana, Rep. By its Publlc Prosecutor, High Court of

ad, Through Station House Officer, RailwayPolice Station,

...RESPONDENT

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 enlarge the ^petitioner on ^{Regular Bail to the}

petitioners/ accused A-8 to A-13 in FIR No.138 of 2021 on the file of Railway

Police Station, Hyderabad, dated 0811212021 ^.

This Petition coming on for hearing, upon ^perusing the ^{Memorandum of}

Grounds of Criminal Petition and upon hearing the ^{arguments of Sri Robba Nani}

Babu, Advocate for the Petitioner and the Assistant Public ^{Prosecutor on behalf of}

the Sole Respondent.

The Courl made the following: ORDER

\

\

THE HON,BLE DT. JUSTICE SHAMEEM AKTHER

CRIMINAL PETITIO N No.2379 of 2022

ORDER:

This Criminal Petition, under Section 439 of the Code of

Criminal Procedure, 1973 ^(Cr.P.C), is filed by the ^{petitioners/A.B}

to A. 13, for grant of bail in Crime No.13B of 2O2L of Railway

Police Station, Hyderabad, registered for the offence under

Section 20(b)(ii)(C) of Narcotic Drugs and Psychotropic

Substances Act, 1985.

2.

Heard the learned counsel for the ^{petitioners/A.B} to A.13,

learned Assistant Public Prosecutor appearing for the

respondent/State and ^perused the record.

3,

Learned counsel for the ^{petitioners/A.B} to A. 13 would

contend that the petitioners/A.B to A. 13 are innocent and they

were falsely implicated in the subject crime. The ^{petitioners/A.B}

to A. 13 are in ^judicial custody since 08.12.2021 and ultimately

prayed to allow the Criminal Petition as prayed for.

4.

On the other hand, the learned Assistant Public Prosecutor

opposed the grant of bail to the ^{petitioners/A.B} to A.13.

I

I

\

2

\

5. It is evident from ^{the record that on 08.12'2021 at about}

14.10 hours, while the ^{police were conducting checking in Train}

No.18519 LTT Express, ^{the petitioners/A'B to A'13 and other}

accused, were ^{found travelling in Coach Nos.Bl, 82 83 with 24}

bags under suspicious ^{circumstances. Upon checking those bags,}

the ^police found ^{ganja in those bags and seized the same under}

cover of ^{panchanama. Altogether 308 kgs of ganja alleged to}

have been seized from the ^{possession of petitioners/A'B to A'13}

and other accused, ^{which is commercial quantity. Investigation}

in the subject crime ^{is in progress. This Court while granting ball}

under Sectio n 439 Cr'P.C. ^{has to see whether the twin}

requirements under ^{Section 37 of the NDPS Act i.e., i) there are}

reasonable ^grounds for ^{believing that the accused is not guilty of}

such offence; and ^{(ii) he is not likely to commit any offence while}

on bail, are satisfied ^{'or not. In the instant case, since huge}

quantity of ganja alleged to have been ^{seized from the}

possession of the petitioners/A'B to ^{A'13 and other accused,}

unde