Jyothi Bai @ Thakur Jyothi, v. The State Of Telangana, Through Prohibition And Excise Dhoolpet, Hyderabad.

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.2289 of 2026 DATE: 05.03.2026 BETWEEN:

Jyothi Bai @ Thakur Jyothi.

.....petitioner And The State of Telangana, Rep. by Public Prosecutor, High Court for the State of Telangana, at Hyderabad.

.....Respondent

ORDER

This Criminal Petition is filed praying this Court to enlarge the petitioner on bail who is arrayed as accused No.4 in Crime No.32 of 2025 before the Prohibition and Excise Police Station, Dhoolpet.

2.

The prosecution case is that on 16.04.2025 at about 12:15 p.m., upon reliable information regarding

transportation of ganja, the Prohibition and Excise Inspector along with staff and panchas conducted route watch near Rani Avanti Bai Statue, Amlapur, Tappa Chabutra Road, Asif Nagar, Hyderabad. One person, later identified as Thakur Akash Singh (A1), arrived on a Maroon Honda Scooty bearing Reg. No. TS 13EY 0344. On search, eight bundles wrapped in brown tape containing dry ganja were recovered. Meanwhile, two other persons on another Scooty abandoned the vehicle and fled. On further enquiry, A1 disclosed their names as Lakhan Singh (A2) and Sanjay Singh @ Sanju Singh (A3). From the abandoned Scooty, two more bundles of ganja were seized. In total, 25.230 kgs of dry ganja was recovered from 10 bundles.

A1 confessed that he, along with his mother Jyothi Bai (A4/petitioner herein), was engaged in ganja business, preparing 10 gram sachets and selling them at Rs.500/- each. Based on this, Crime No.32 of 2025 was registered against eight accused persons under Section 8(c) r/w 20(b)(ii)(C) of the NDPS Act, 1985. A1 was arrested, while A2 to A8 were shown as absconding. The petitioner herein was arrayed as A4.

3.

Heard Sri Umesh Singh, learned counsel for petitioner, and Sri Ramachandra Reddy, learned Additional Public Prosecutor appearing on behalf of the respondent - State. 4.

Learned counsel for the petitioner submits that the allegations against A4 are unfounded. No contraband was recovered from her, and there is no independent evidence linking her to the offence. He further contended that the implication of petitioner rests solely on the confession of a coaccused, which is inadmissible in law. While averring that the petitioner is a law-abiding woman suffering from health issues, and her continued custody would cause hardship to her family, he prayed this Court to grant bail to the petitioner. 5.

On the other hand, learned Additional Public Prosecutor opposed bail contending that the petitioner is specifically named in the confession of A1 as being actively involved in preparation and sale of ganja sachets along with her son. The prosecution asserts that she facilitated the illegal trade by providing assistance and hospitality to co-accused during their visits. Therefore, he prayed the Court to dismiss this petition.

6.

Having regard to rival submissions made, and on going through the material placed on record, it is noted that the primary allegation leveled against this petitioner is that she is assisting other accused in the illegal transport and possession of ganja and used to offer food to all accused. The petitioner was implicated in the case basing on the confession of accused No.1. However, it is noted that petitioner was not present at the scene of offence. Considering the averments of remand report and confessional statement of accused NO.1, wherein, there is no mention of petitioner being present at the scene of offence or being directly associated with possession and trade of contraband, this Court deems it fit to grant bail to the petitioner, subject to the following 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 Chief Judicial Magistrate, Hyderabad.

ii.

The petitioner shall appear before the concerned SHO at 11:00 a.m., on every Monday for a period of eight (8) week or till filing of charge sheet whichever is

earlier, for the purpose of investigation, and thereafter, as and when required.

iii.

The petitioner shall abide by the conditions stipulated in Section 437(3) of Cr.P.C.(presently, Section 480(3) 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 PT

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.2289 of 2026 Date: 05.03.2026 PT