Telangana HC rejects bail plea of accused in narcotics case

Petitioners Tirupati Reddy and Madhukar, the accused, claimed that they were not aware of the material and that they were agriculturists who at the instance of the principal accused persons were carrying the seized quantity of 129 kg

Hyderabad: Justice T Vinod Kumar of the Telangana High court rejected bail for two persons, accused in a case under provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

Petitioners Tirupati Reddy and Madhukar, the accused, claimed that they were not aware of the material and that they were agriculturists who at the instance of the principal accused persons were carrying the seized quantity of 129 kg.

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Opposing the bail, the public prosecutor pointed out that the petitioners were found in possession of the prohibited substance in excess of the commercial quantity as permitted under the NDPS Act, 1985. Rejecting the plea of the petitioners, Justice Vinod Kumar said, “the Supreme Court observed that, as per the provisions of Section 37 of the NDPS Act, the court should be satisfied of existence of “reasonable grounds”, which implies something more than prima facie grounds, unlike a regular bail under Section 439 of CrPC, since, Section 37 of NDPS Act, commences with non obstante clause”.

The judge, however, granted conditional bail to Buttaguda Rohit. His counsel argued that the petitioner was working as a software employee and was not involved in the sale of narcotic drugs. “The petitioner is not peddler, but a user of prohibited narcotic substance, possibly being addicted and in as much as there is no allegation against the petitioner, being involved in dealing with the selling of the prohibited substance,” the judge pointed out.

In another case, the judge refused to grant bail to Dharavath Aravind and Dharavath Kavi, who were cited as accused persons in a case under NDPS Act. Contraband substance (ganja) of about 43 kg was recovered and the accused, namely the cab driver, and the other were arrested for the said offence.

Honour killing: Judge raps police

Justice K Lakshman refused bail to the parents-in-law of slayed Chintha Yoga Hemanth Kumar, a victim of honour killing. The parents in law of the deceased and the maternal uncle moved applications for bail in the matter.

According to the prosecution, the accused had trespassed into the house of the de facto complainant having made preparations to commit the offence to kidnap and murder the deceased with criminal conspiracy and criminal intimidation. Rejecting the application for bail, the judge pointed out: “The role played by each of the accused in the commission of offence is specifically mentioned in the remand report”.

The judge also faulted the police for not taking prompt action at the earliest of complaints given by the family of the deceased. “It is relevant to point out that the role played by the police in the entire episode is not satisfactory”.

The judge pointed how the parents of the deceased have met the Commissioner of Police, Cyberabad Commissionerate, Police Station, Chandanagar, Gachibowli Police Station and added: It appears that the police have not taken any steps in accordance with the law on the complaint lodged by the parents of the deceased. Thus, the police have utterly failed in preventing the incident.

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