Mohd Saqlain v. The State Of Telangana

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.1750 of 2025 ORDER:

The present Criminal Petition is filed praying this Court to enlarge the petitioner who is arrayed as accused No.3 in Crime No.907 of 2024 on the file of the I Additional District and Sessions Judge, Rangareddy District, at LB.Nagar, registered for the offences punishable under Sections 8(c) read with 20(b)(ii)(c), 27(A), 29 of NDPS Act, and Section 25(1B)(a) of Arms Act, on bail.

2.

The brief facts of the case of prosecution are that the petitioner was allegedly found trafficking 258.389 kgs of ganja which is classified as commercial quantity. It is alleged that on 10.09.2024 on receiving creditbble information that some persons are illegally transporting ganja and they would reach Exit No.17, Outer Ring Road, Rajendranagar, the Seizing Officer has intercepted the petitioner, along with other accused, and found the said contraband in their possession which was seized. Aggrieved thereby, this criminal petition is filed.

3.

Heard Mr. Gopalakrishna Gokhale, learned counsel for petitioner, and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent - State. 4.

Learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in the case. He contended that petitioner has been languishing in jail since 11.09.2024 and that the material part of the investigation is already completed. He asserted that the petitioner has no other criminal antecedents warranting his judicial remand. Therefore, he prayed this Court to grant bail to the petitioner by allowing this Criminal Petition. 5.

Learned Additional Public Prosecutor vehemently opposed the submissions made by learned counsel for petitioner and submitted that there are serious allegations against the petitioner and asserted that the investigation is still pending. Therefore, prayed this Court to dismiss the Criminal Petition.

6.

Having regard to the rival submissions made and on going through the material placed on record, it is noted that

the date of remand of petitioner is 11.09.2024 and till today no charge sheet is filed in the case. Hence, considering the period of incarceration of petitioner in jail and the fact that the material investigation is already completed, this Court deems it fit to grant bail to the petitioner, subject to following the below conditions:

i.

The petitioner shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each, to the satisfaction of the I Additional District and Sessions Judge, Rangareddy District, at LB.Nagar.

ii.

The petitioner shall appear before the concerned SHO at 11:00 a.m., on every Monday for a period of eight (8) weeks, for the purpose of investigation, and thereafter, as and when required.

iii.

The petitioner shall abide by the conditions stipulated in Section 482(2) of BNSS (previously known as Section 437(3) of Cr.P.C.).

7.

Accordingly, the Criminal petition is allowed. Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 24.02.2025 PT

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.1750 of 2025 Date: 24.02.2025 PT