Dinesh Singh v. The State Of Telangana

The Hon'ble Sri Justice J.Sreenivas Rao Criminal Petition No.5066 of 2025 Order:

This criminal petition is filed by the petitioner/accused No.2 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking anticipatory bail in connection with Cr.No.22 of 2025 on the file of the Station House Officer, Prohibition and Excise Police Station, Dhoolpet, Hyderabad, registered for the offence punishable under Section 8(c) read with Section 20(b)(ii)(c) of the Narcotic Drugs And Psychotropic Substances Act, 1985 (for short, "the NDPS Act").

2.

Heard Sri Deepak Misra, learned counsel for the petitioner/accused No.2 and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent/State.

3.

The case of the prosecution is that on 14.03.2025, at about 03:43 p.m., on receipt of credible information regarding

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illegal manufacture of ganja khulfi, the Prohibition and Excise Inspector, Dhoolpet Excise Station, Hyderabad, along with his staff, conducted raid at House No.14-10-58/D, Jinsi Chowrah, Dhoolpet, and apprehended the petitioner and other accused and seized 20.100 kgs of ganja kulfi and 200 grams of ganja from them. Basing on the same, the aforesaid crime was registered against the accused.

4.

Learned counsel for the petitioner submits that the petitioner has not committed any offence and he was falsely implicated in the present crime on the basis of confession statement made by accused No.1 and the entire allegations are levelled against accused No.1 only and the petitioner is not having any criminal antecedents and the investigation is completed except filing of charge sheet and prays to grant anticipatory bail to the petitioner as he is ready and willing to cooperate with the investigation and also abide by the conditions that may be imposed by this Court.

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5.

Per contra, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner/accused No.2 stating that the petitioner has committed a grave offence punishable under the provisions of NDPS Act and the investigation is under progress and therefore, if the petitioner is granted anticipatory bail at this stage, he will interfere with the investigation and influence the witnesses and prayed to dismiss the criminal petition. 6.

Having considered the rival submissions made by both the parties and after perusal of the material available on record, it reveals that the petitioner is not having any criminal antecedents and he is eking out his livelihood by doing menial work of selling birds on footpath and he is the sole bread winner of his family.

7.

In view of the same, this Court is inclined to grant anticipatory bail to the petitioner/accused No.2 subject to the following conditions:

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(i) Petitioner/Accused No.2 is directed to surrender before the Station House Officer, Prohibition and Excise Station, Dhoolpet, on or before 26.04.2025;

(ii) On such surrender, the Station House Officer, Prohibition and Excise Station, Dhoolpet, shall release the petitioner/accused No.2 on bail on his executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties for a likesum each to the satisfaction of the said Officer; (iii) On such release, the petitioner/accused No.2 shall appear before the Station House Officer, Prohibition and Excise Station, Dhoolpet, on every Monday at 11:00 a.m., for a period of eight weeks for the purpose of investigation and thereafter, as and when required by the police for investigation.

(iv) Petitioner/accused No.2 shall not interfere with the investigation nor influence the witnesses.

(v) Petitioner/accused No.2 shall abide by the conditions stipulated under Section 438(2) of the Criminal Procedure Code, 1973/

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Section 482 of BNSS and shall cooperate with the investigating officer for conclusion of investigation.

8.

Accordingly, the Criminal Petition is allowed. As a sequel, miscellaneous petitions, pending if any, stand closed.

___________________ J.SREENIVAS RAO, J Date: 21.04.2025 LUR