Shaik Khaja 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.2443 of 2026 DATE: 26.02.2026 Between:
Shaik Khaja ....Petitioner/accused No.4 AND The State of Telangana, Rep.by its Public Prosecutor, High Court For the State of Telangana, at Hyderabad.
....Respondent
O R D E R
This Criminal Petition is filed under Sections 480 & 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioner/Accused No.4 seeking to enlarge him on bail in connection with Crime No.03 of 2026 of Indravelly Police Station, Adilabad District. The offence alleged against the petitioner is punishable under Section 8 (C) read with 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
2.
The case of the prosecution is that on 07.01.2026 on reliable information about illegal transportation of ganja at
- 2 - the outskirts of Indravelly Village, the Sub-Inspector of Police with his staff rushed to the scene of offence where he found the petitioner along with other accused. As per confessioncum-seizure panchanama 1 kg ganja was found in possession of the petitioner. Immediately, he reported the same to the police and basing on the same, they registered a case against the petitioner along with others for the aforesaid offence. 3.
Heard Sri Soma Ravi Kiran Reddy, learned counsel for the petitioner/accused No.4 and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor appearing for the respondent-State.
4.
Learned counsel for the petitioner/accused No.4 submits that the petitioner is innocent of the offence alleged against him and he has been falsely implicated in the present case; that the petitioner has been in judicial custody since 07.01.2026; that the contraband seized from the possession of petitioner is 1 kg., which is intermediate quantity and hence, he requested the Court to grant regular bail to the petitioner.
- 3 - 5.
On the other hand, learned Additional Public Prosecutor opposed the same and would submit that the offence alleged against the petitioner is under NDPS Act, which is a grievous offence, therefore, the petitioner is not entitled for grant of bail. He also submits that though 1 kg., ganja was seized from the possession of the petitioner, earlier the police seized 5 kgs., of ganja from the possession of the petitioner and hence, the petitioner is not entitled for grant of bail and therefore, he prays this Court to dismiss the criminal petition. 6.
Considering the submissions made by learned counsel on either side and material available on record, the petitioner is arrayed as accused No.4 in this case and he is in judicial custody since 07.01.2026. The seized contraband is only an intermediate quantity and the investigation is in progress. Except the present case, no other cases are pending against the petitioner. Considering above, this Court is inclined to grant regular bail to the petitioner/accused No.4, subject to following conditions:
(i) The petitioner-accused No.4 shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a
- 4 - like sum each to the satisfaction of the learned Judicial First Class Magistrate at Adilabad District.
(ii) On such release, the petitioner-accused No.4 shall appear before the concerned SHO at 11:00 a.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-accused No.4 shall abide by the conditions stipulated in Section 437 (3) of Cr.P.C. (presently, Section 480 (3) of BNSS).
7.
Accordingly, the Criminal petition is allowed. Miscellaneous petitions, if any, pending shall stand closed.
_______________ K. SUJANA, J Date: 26.02.2026 SRK
- 5 - THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.2443 of 2026 Date:26.02.2026 SRK