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Telangana HC | Accused under NDPS Act granted bail in view of peculiar situation of COVID-19 Pandemic

Telangana High Court

Telangana High Court

Telangana High Court: G Sri Devi, J. addressed a petition filed under Sections 437 and 439 of Criminal Procedure Code, 1973 to seek bail.

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.

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:

[Tejawath Suresh v. State of Telangana, 2021 SCC OnLine TS 549, decided on 23-04-2021]


Sri P Pratap, Advocate for the Petitioner

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