Bail to accused arrested under NDPS Act in view of peculiar situation : Telangana High Court
This particular decision is upheld by the High Court of Telangana through the learned bench led by HONOURABLE MRS. JUSTICE G SRI DEVI in the case of Tejawath Suresh v. State of Telangana (CRIMINAL PETITION NO: 2382 OF 2021).
Facts:
Petitioner who sought bail in the instant case had a case registered against him for the offences punishable under Sections 8(c) read with Section 21 (C) of the NDPS Act, 1985.
Inspector of Police had seized MD Drug weighing about 200 grams in a plastic cover, two mobile phones and other material from the possession of the accused.
Arguments and Judgement:
Counsel for the petitioner submitted that petitioner had been falsely implicated in the present crime.
It was stated that in the Supreme Court decision of Sheru v. Narcotics Control Bureau, Crl. Appeal Nos. 585, 586 of 2020, dated 11-09-2020 bail was granted to a person in a case filed under the Narcotics Drugs and Psychotropic Substances Act in view of the unusual times of the COVID-19 Pandemic.
In view of the above-cited case, having regard to the fact that petitioner was in jail since 19-11-2020 and looking into the nature of allegation levelled against the petitioner and as the contraband seized from the possession of petitioner was only a little bit higher than the commercial quantity, also in view of the peculiar conditions of COVID-19 Pandemic prevailing in the country, High Court granted bail to the petitioner.
Hence, criminal petition was allowed, and petitioner was directed to be released on bail subject to the following conditions:
- Petitioner shall be released on bail on his executing a personal bond to the tune of Rs 25,000 with two sureties for a like sum each to the satisfaction of XI Additional Chief Metropolitan Magistrate, Nampally, Hyderabad.
- On such release, petitioner shall appear before the investigating officer till completion of investigation and submission of final report.
- Petitioner shall appear before the Court concerned personally on each date hearing till conclusion trial
- Petitioner shall not indulge in any similar type of activities, in future other his liberty shall stand cancelled
- Shall not tamper with prosecution witnesses
- Shall co-operate with the investigating agency.
- Shall not misuse the liberty granted to him.
Judgement reviewed by – Arvind Roshan