THE HON'BLE Dr.

JUSTICE SHAMEEM AKTHER

WRIT PETITION No.7967 OF 2017

ORDER:

This Writ Petition, under Article 226 of the Constitution of

India, is filed by the petitioner, wherein the following prayer is

made:

“…to issue an order or direction more particularly one in the

nature of writ of mandamus declaring that the order in
MC.B/1778/2016, dated 15.02.2017 passed by the Special
Executive Magistrate, Hyderabad District, in directing to pay
an amount of penalty of Rs.1,50,000/- or show cause why
the petitioner should not be enforced against the petitioner
is highly arbitrary, bad and illegal and pass such other order
or orders as deems fit and proper.”

2. Heard both sides. Perused the record.

3. Vide impugned notice, dated 15.02.2017, issued under

Section 446 and 109 of Cr.P.C., the respondent No.2/Special

Executive Magistrate called upon the petitioner to pay the

penalty of Rs.1,50,000/- or to show cause within seven days as

to why the payment should not be enforced against him by the

respondent No.2, on the premise that the petitioner indulged in

commission of offence of sale of ganja, which is a narcotic

substance.

4. Admittedly, no enquiry was conducted before issuing the

impugned notice, dated 15.02.2017, and there is no finding to

the effect that the petitioner is guilty for sale of ganja. Without

there being such finding, the impugned notice, dated

15.02.2017, ought not have been issued by respondent No.2.

Therefore, the impugned notice dated 15.02.2017 is liable to be

set aside.
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5. Accordingly, the Writ Petition is allowed by setting aside

the impugned notice, dated 15.02.2017, issued against the

petitioner by the respondent No.2/Special Executive Magistrate,

under Section 446 and 109 of Cr.P.C. However, it is open to the

authorities concerned to follow the due procedure established

under law before forfeiting the security bond for good behaviour.

Miscellaneous petitions pending, if any, shall stand closed.

There shall be no order as to costs.

____________________
Dr. SHAMEEM AKTHER, J
Date: 04.01.2022
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