SATYABOINA CHANDRASEKHAR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioner in Crl.P.No.3930 of 2018 is A.1 by name S.Chandra Sekhar, and the petitioner in Crl.P.No.5050 of 2018 is A.2 by name K.Nikhil Reddy of Cr.No.158 of 2017 of Police Station (Proh. & Excise), Quthbullapur of Ranga Reddy district, State of Telangana, registered for the offences punishable u/sec.8 r/w 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( for short, 'the NDPS Act'), for they are illegally in conscious possession of Alprazolum-a psychotropic substance defined in Sec.2(xxii) of the NDPS Act.

(2.) As per the prosecution case on some reliable information on 26.12017 evening, the Excise officials proceeded to Shapur Nagar for conducting raids and when they were present in front of the Muthoot Finance at Shapur Nagar towards Balanagar to Narsapur Road, along with panch witnesses-the respective VRAs of Jeedimetla, they found one person moving suspiciously and trying to skulk away on seeing them and they apprehended the person and on enquiry, the person disclosed his name as S.Chandra Sekhar and other details (described as A.1) found putting his hands in his pant pocket and on suspicion of any contraband, he was issued notice u/sec.50(1) of NDPS Act as to his willingness to search in the presence of either Gazetted Officer or learned Magistrate for which the A.1 chose to be searched in the presence of one of the Gazetted Officers who is in the raid team by name G.Venkatesham, Inspector of Proh. & Excise, SHO, Qutubullapur, and gave it in writing and when searched his pant pocket, found paper pocket containing contraband, which he disclosed of Alprazolum of 100 grams in weight to give as a sample to one person and there is further stock of about 6kgs. of Alprazolum with him that is kept with his friend and he called that friend over his mobile bearing No.9949128458 and that person came having light green colour carry bag hanging on his back and he was apprehended and when questioned, disclosed his name as K.Nikhil Reddy and other particulars (described as A.2) and A.2 was also given notice of the option u/sec.50(1) of the NDPS Act for search, for which the A.2 also chose said G.Venkatsham, the Excise Inspector, in the raid party and given it in writing for search before him and then opened the light green carry bag and found therein one black polythene cover tied with thread and found therein white crystal powder which he also disclosed as Alprazolum saying one person wanted to purchase at Rs. 1,35,000/- per kg. and asked them to come there with, they got the contraband 5 months back through one Srinivas who is no more and when questioned as to whether they got licence or permit to possess or sell, they stated nothing. On that the A.1 and A.2 were explained by the SHO, that it is an offence and cause weighed the Alprazolum from nearby kirana stores and found what was seized under the panchanama from A.1 of 100grams and from A.2 of 6kgs. and collected samples from each of 50gms duly packed and sealed the samples as well as the remaining contraband and affixed chits. It further discloses that there are two Nokia cell phones available with those two persons that were also seized and further formalities were complied with.

(3.) The contentions in the bail applications are that there is noncompliance with the mandatory requirements of Sections 50 & 42 of the NDPS Act and the so called disclosure is hit by law and it is a false case foisted and it is their further submission in the course of hearing in the bail applications through their learned counsel that from perusal of the occurrence report contents pursuant to the panchanama supra</i>, it is mentioned date and hour of detection on 26.12.2017 at about 5.30p.m. in front of Muthoot Finance of Shapur Nagar, road leads to Balanagar to Narsapur and at column No.10 mentioned about seizure of the light green colour carry bag with 6kgs. of Alprazolum and two cell phones of Nokia and Vivo and the names mentioned of the mediators and of the two persons the petitioners herein as A.1 and A.2 and there is no mention of the 100grams seized from A.1 at column No.10.