Mudavath Prasad, 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.2301 OF 2026 DATE :23.02.2026 Between :
Mudavath Prasad ...
Petitioner/A.2 And The State of Telangana, Rep., by its Public Prosecutor, High Court for the State of Telangana At Hyderabad, Through S.H.O. Chilkalguda Police Station, ... Respondent/Complainant : ORDER :
This criminal petition is filed under Sections 480 & 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioner/A.2 seeking his enlargement on bail in connection with FIR No.458 of 2025 of Chilkalguda Police Station, Hyderabad. The offences alleged against the petitioner are under Section 8(C) r/w.22(C) and 27 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').
- 2 - 2.
The facts of the case are that on 03.09.2025 on credible information the Sub-Inspector of Police, Chilkalguda P.S, Hyderabad apprehended A.1 and A.2 at TRT Quarters No.183/184, Flat No.G1, Ground Floor, Ideal Home Apartments, Seethafalmandi, Chilkalguda, Secunderabad, wherein they were found to be in possession of 100 gms of MDMA (Methamphetine) and the same was seized from them and registered a case against them for the above offences.
3.
Heard Sri Gundaram Manoj Goud, learned counsel appearing on behalf of the petitioner as well as Sri M. Ramachandra Reddy, learned Additional Public Prosecutor appearing for the respondent-State.
4.
The contention of learned counsel for the petitioner is that petitioner is falsely implicated in this case and he is no way connected with this offence. No recovery is made from the possession of petitioner and search was conducted without following the due process of law. He further contended that in the complaint there is no clear averment with regard to seizure of contraband either from the petitioner or from the co-accused. Petitioner is in jail from 03.09.2025 and till now charge sheet is
- 3 - not filed. As such, his custodial interrogation is not required anymore. The petitioner undertakes to abide by any conditions that may be imposed by this Court. Hence, prayed this Court to grant regular bail to the petitioner.
5.
On the other hand, learned Additional Public Prosecutor opposed bail stating that the contraband seized from the accused is huge commercial quantity and in view of rigor of Section 37 of NDPS Act, petitioner is not entitled for bail and prayed to dismiss this petition.
6.
Considering the submissions made and the material on record, petitioner herein is arrayed as A.2 and he is in jail from 03.09.2025. The seized contraband is 100 grams of MDMA which is a commercial quantity, whereas, the police have not filed charge sheet even after 150 days of judicial remand of the petitioner. Considering the period of incarceration of petitioner in jail, this Court deems it appropriate to grant regular bail to the petitioner subject to the following conditions: i. The petitioner/A.2 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 II-Additional Metropolitan Sessions Judge at Nampally.
- 4 - ii. The petitioner/A.2 shall appear before the concerned SHO between 09.00 a.m and 5.00 p.m., on every Wednesday for a period of eight (8) weeks or till filing of charge sheet whichever is earlier, for the purpose of investigation, and thereafter, as and when required.
iii. The petitioner/A.2 shall abide by the conditions stipulated in Section 483(2) of the BNSS.
7.
Accordingly, the Criminal Petition is allowed. Miscellaneous petitions, if any, pending shall stand closed.
_______________ K. SUJANA, J Date :23.02.2026 tu
- 5 - THE HON'BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.2301 OF 2026 DATE :23.02.2026 TU