Bishal Sarkar, v. The State Of Telangana
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.1948 OF 2026 DATE : 05.03.2026 Between :
Bishal Sarkar ...
Petitioner/Accused And The State of Telangana, Through P & E Quthbullapur, Hyderabad Rep., by Public Prosecutor, ... Respondent : ORDER :
This Criminal Petition is filed praying this Court to enlarge the petitioner on bail who is arrayed as accused in COR No.144 of 2025 of Prohibition & Excise Police Station, Quthbullapur. The offences alleged against the petitioner are under Sections 8(c) r/w.20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').
2.
The brief facts of the case are that on 18.11.2025 at about 11:30 AM, the DTF Team, Medchal, conducted a raid near Asian Sha Theatre, Ganesh Nagar, Chintal, and detected the illegal sale and possession of weed oil/hashish oil. During the raid, the petitioner was found carrying a black-coloured college bag, which he handed over to the police. Upon opening the bag, the police found a steel water bottle containing a black greasy substance emitting a pungent smell. On questioning, the petitioner stated that the substance was weed oil. The substance was weighed and found to be approximately 1300 grams, which was seized under a panchanama. Based on the said seizure, the respondent police registered a case in COR No.144 of 2025 for the above offences.
3.
Heard Ms. Swathi Sharma, learned counsel appearing on behalf of the petitioner and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor appearing on behalf of the respondent - State.
4.
Learned counsel for the petitioner submits that the petitioner is falsely implicated in this case and there are many procedural lapses. She further contended that neither the seized steel water bottle nor the bag belongs to the petitioner. Petitioner is in judicial custody since 18.11.2025 and that entire
investigation is completed except filing of charge sheet. She further submitted that petitioner is suffering from Knee joint Effusion Extending into Pre Patellar Space which is an accumulation of excess synovial fluid within the main knee joint and that he needs immediate surgery as petitioner is unable to sit or fold his legs. Hence, prayed this Court to grant bail to the petitioner.
5.
On the other hand, learned Additional Public Prosecutor vehemently opposed bail stating that the quantity involved is a huge commercial quantity of 1300 grams of Weed oil. If petitioner is released on bail, he may not cooperate with the investigation as petitioner is a native of Odissa State. However, he produced medical certificate issued by the Medical Officer, Central Prison, Cherlapalli, stating that the petitioner needs Therapeutic Arthroscopic Surgery.
6.
Considering the submissions made by both the counsel and the medical certificate issued by the medical officer of Central Prison, Cherlapalli requiring surgery to petitioner and considering the stage of investigation this Court is inclined to grant bail to the petitioner on medical grounds, subject to the following conditions :
i. The petitioner/Accused 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 & Sessions Judge at Malkajgiri.
ii. The petitioner/Accused shall cooperate with the investigating officer during the course of investigation.
iii. The petitioner/Accused shall abide by the conditions stipulated in Section 483(2) of the BNSS. 7.
Accordingly, the Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date: 05.03.2026 Rds
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.1948 OF 2026 Date: 05.03.2026 Rds