Mr. Kanha Mohanty v. The State Of Telangana

THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.4633 of 2025 ORDER:

This Criminal Petition is filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS') seeking bail to the petitioner/accused No.2 in Crime No.1811 of 2024 on the file of Gachibowli Police Station, Cyberabad, registered for the offences punishable under Sections 8(c) r/w 22(C), 27 and 29 of NDPS Amendment Act, 2001. 2.

The case of the prosecution is that on 30.11.2024, on receipt of credible information, Police apprehended the petitioner and other accused and seized 18 grams of MDMA. Basing on the same, a case was registered in Crime No.1811 of 2024. 3.

Heard Mr.B.Ranjith Kumar, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State.

4.

Learned counsel for the petitioner submitted that petitioner has not committed alleged offence and he was falsely implicated in

the said crime. He further submitted that the Police without following the mandatory procedure prescribed under Section 52 of the NDPS Act, seized the contraband. He further submitted that the petitioner was arrested on 30.11.2024 and since then he is in judicial custody. He further submitted that entire investigation is completed, except filing of charge sheet and the petitioner is having no criminal antecedents and he is ready to cooperate with the investigation and also ready to abide by the conditions, which are going to be imposed by this Court and hence, prayed for grant of bail.

5.

Per contra, learned Additional Public Prosecutor submitted that petitioner/accused No.2 has committed grave offence under the provisions of NDPS Act and 18 grams of MDMA was seized from possession of the petitioner and other accused, which is a commercial quantity and the investigation is under progress. Hence, at this stage, the petitioner is not entitled for grant of bail. 6.

Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that petitioner was arrested on 30.11.2024 and

entire investigation is completed, except filing of the charge sheet. Even according to the learned Additional Public Prosecutor, no criminal antecedents are reported against the petitioner. 7.

Taking into consideration the above facts and circumstances of the case, this Court is inclined to grant bail to the petitioner/accused No.2, subject to the following conditions: (i) The petitioner/accused No.2 shall execute 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 X Additional Metropolitan Magistrate at Kukatpally.

(ii) After release, the petitioner/accused No.2 shall appear before the concerned S.H.O. at 11.00 a.m. on every Monday for a period of eight (8) weeks or till filing of the charge sheet, whichever is earlier, for the purpose of investigation, and thereafter, as and when required.

(iii) The petitioner/accused No.2 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C., presently Section 480(3) of BNSS.

(iv) After release, if the petitioner/accused No.2 has committed similar offence, the respondent-State is entitled to file an application seeking cancellation of the bail granted by this Court in his favour. 8.

Accordingly, the Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed.

___________________________ JUSTICE J.SREENIVAS RAO Date: 09.04.2025 vsl