Shaik Mohammed Hanif v. The State Of Telangana

THE HON'BLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 3548 of 2025 ORDER:

This Criminal Petition is filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS') by the petitioner/accused No.1, seeking bail in Crime No.265 of 2024 of Karkhana Police Station, Hyderabad, for the offence punishable under Section 8(c) read with Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, (hereinafter referred to as, 'NDPS Act').

2.

Heard Mr. Busi Srinivas Rao, learned counsel for the petitioner and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent-State.

3.

The case of prosecution in brief is that on 15.12.2024, at about 15-00 hours, on credible information, the Sub-Inspector of Police, Karkhana Police Station, Hyderabad along with staff proceeded towards the road opposite to Mudfort Government High School, Dhobhighat, Karkhana, Hyderabad and apprehended the petitioner/accused No.1 in suspicious circumstances and seized 12.00 grams of MDMA from his possession. The police have recorded his confession, where under the involvement of accused

Nos.2 to 4 is came into light. The Police registered the case in crime No.265 of 2024 for the offence under Section 8(c) read with Section 22(c) of NDPS Act.

4.

Learned counsel for the petitioner submitted that the petitioner is innocent person and he did not commit any offence, as alleged against him, and he was falsely implicated in this crime. The Investigating Officer without following the mandatory procedure prescribed under the provisions of the NDPS Act arrested the petitioner and seized the contraband. 5.

He further submitted that the petitioner is arrested on 15.12.2024 and since then he is in judicial custody. He also submitted that the petitioner is not involved in any other crime and the material part of the investigation is completed except filing of charge sheet. He further submitted that the petitioner is ready and willing to cooperate with the investigation and will abide by the conditions, which are going to be imposed by this Court. Therefore, he prays to release the petitioner on bail. 6.

Per contra, learned Additional Public Prosecutor opposed the bail stating that the petitioner has committed a grave offence, which is punishable under the provisions of NDPS Act and the investigation is under progress. At this stage, the petitioner is not entitled for grant of bail.

7.

Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the petitioner was arrested on 15.12.2024 and since then he is in judicial custody. According to the learned counsel for the petitioner, material part of the investigation is completed except filing of charge sheet. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner/accused No.1 subject to the following conditions:

i) The petitioner/accused No.1 is enlarged on bail on his executing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with two sureties for a like sum each to the satisfaction of the XI Addl. Chief Judicial Magistrate, Secunderabad.

ii) The petitioner/accused No.1 shall appear before the concerned S.H.O. at 11-00 a.m. on every Monday for a period of eight 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.1 shall abide by the conditions stipulated under Section 437(3) of Cr.P.C. (presently 480(3) of BNSS).

iv) After release, if the petitioner/accused No.1 is involved in similar offence, the bail granted by this Court shall stands cancelled.

8.

Accordingly, the Criminal Petition is allowed.

As a sequel thereto, miscellaneous applications, if any, pending in this petition stand closed.

______________________________ JUSTICE J.SREENIVAS RAO Date: 21.03.2025 pgp