Saparvat Ray v. The State of Telangana
Court: High Court for State of Telangana
Bench: K.LAKSHMAN
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-12-21. Saparvat Ray v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
$ [ 3168 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD N4ONDAY ,THE TWENTY F]RST DAY OF DECEMBER TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION NO: 5663 OF 2020 Between: Saparvat Ray, S/o Sidupada Ray, ... Petitioner/Accused AND The State ofTelangana, Rep. by its Public Prosecutor, High Court ofJudicature at Hyderabad Through IV Town Police Station, Nizambad. ... Respondent/ Com pla ina nt Petition under Section 437 &. 439 of Cr. P.
C, praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to release the Petitioner/A-4 regular bail in Crime No 283 of 202O on the file of the IV Town Police Station, Nizambad in the interest of justice; The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of SRI V T KALYAN Advocate for the Petitioner, and of PUBLIC PROSECUTOR, for the Respondent, the Court made the following. ORDER : t THE HI]NOURABLE SRI JUSTICE K. LAKSHMAN CFIIMINAL PETITION No. 5663 OF 2O2O ORDER This is an application for regular bail. The petitioncr is accused No. 4 ir-r Crime No. 283 of 2O2O pending on the file of lV Tou,n Police Station, Nizamabad l)istrict.. The r-rflbnce alleged against the pctltioner is under Section 20 (b)(iil(c) read u'ith 8 (c) oi the Narcltic Drugs and Psychotropic Substances Act, 1985. 2.
Heard learned counsel for the petitione r/ accu sed No. 4, learned Public l)rosecutor appearing for the respo ndent-State and perused the recc:rd. 3, ln the rernand report, it is stated that on 27 . O9 . '2020 , on receipt of crcdible inlormation about transporting of (ianja material by some pcrrson s in trvo vehicles ol Odisha State, tire respondent oflicials have proceeded to Lhe scene and ibund rvhite colour Hyundai make ri2o model) car bearing registration No. OD- lO-J- 7131 and another vehicle i. e. , Mahindra make (Bolero maxi truck) bearing registra,ion No. OD-30-B-8042, u'hich arc couuns frc. r rn Dichpally side. They have stopped and intercepted the said vehicles one after the o -her. In the said Remand Report, it is further mentioned tha1. . rs per the request of accused No. l, accused No. 4 has brought Hyundai make (i20 model) car bearing regrstrarion No. OD-10-J-713- on hire basis to proceed to Nancled of Maharashtra State. Accused Nos.
1 to 4 kept one (ianja bag in dikky of the car and boarded the car, whereas accused Nos. 5 and 6 boarded Bolero vr:hicle and they have started lrom their village on 26. 09. 2020. The car is being driven by accused No. 4, whereas Bolero vehicle is being driven by accused No. 6. 4. Learned counscl for the petitioner/ accused No. 4 would submit that the pctitioner is nothing to do with the Ganja seized and it is a matter to be investigated into by the Investigating Officer. 152 Kgs. , of Ganja lr,as seize d from all the accused in Bolero vehicle and nothing was seized from Hyundai make (i20 model) car bearing registration No. OD- 10-J-7131. 5. Learned Public Prosecutor, on instructions, would submit that the Investigating Officer has recorded the statements of four witnesses and some of the material witnesses and F. S. L report is pending. FIe would further submit that the petitioner has not involved in any other case for the offence under the provisions of the NDPS Act.
The pe titioner is from Odisha State. 6. A perusal of the record would reveal that the petitioner is a Government Teacher. The police have arrested the pctitioner on 28. 09. 2O2O and sir-rcc then he is in jail. Nothing was seized from Hyundai make (i20 model) car bearing registration No. OD- 10-J- 7131. Whether the petitioner is having nexus with other accused is a matter to be investigated into by the Investigating Officer. The Investigating Officer has recorded the statements of four witnesses including some of the material witnesses. 7. Considering the fact that the petitioner/ accused No. 4 is in jail from 28. 09. 2O2O and the fact that he is a Government Teacher, this Court is inclined to grant regular bail to the petitioner / accused No. 4. \ -l 8. Accordingly, the Criminal Petition is allou,ed and the L pelltroner accused No. 4 is granted bail on the foilon ing { conditions i) The p<':titioner - accused No. 4 shall lirrnish personal bcnd for an amourrt ol Rs.
25,000/- (Rupees 'l'wenty five thousand only) with two sureties, out ol which one surety from his native place and other from local, for a li<e sum each, to the satisfaction of the Special J. rdicial Magistrate of First Class for 'l'rial of P:ohibition & Excise Court, Nizamabad. ii) T. re petitioner - accused No. 4 shall appear before the S ration House Officer, lV Town Police Station, Nizamabad District, Hyderabad, on every Sunday b()twcen 10. 0O a. m, and 5. 00 p. m. till completion o1' irvestigation and iiling of chargc sheet. iii) T1-re pctitioner - accused No. 4 shail co-ollcr. rte \\,rth rhc I rLvesl. igating Agency. Nlrscclle ncor-ts petitions pcnding, if nrtr'. shali stan:1 ciosed SD/- ChI. VENKA I ES'! VARI-U r. s]' / lTRUE COPY ASSISTANT / / SECTIO OFFICER To, 1. The special Juriicial lulagistrate of First class for Trial of prohibition & Excise Court at Nizan a bad 2. The Superintendent, District jail, Nizamabad. 3.
The Station House Officer, IV Town police Station, Nizambad. 4. One CC to SR]. V T KALYAN Advocate IOPUC] 5. Two CCs to pL BLIC PROSECUTOR, High Court at Hyderabad IOUT] I 6. One spare copv .. "t HIGH COURT KLJ DATED:2L/ t2l2O2o C s' ORDER CRLP. No. 5663 of 20:2O BAIL
Source: High Court for State of Telangana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.