Maheshwar Biswas v. The State Of Telangana Through Sub-Inspector Of Police, Vanasthalipuram Ps,
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT
HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.6429 of 2026 DATE: 05.05.2026 Between:
Maheshwar Biswas .... Petitioner/ Accused No.2 AND The State of Telangana, Through Sub-Inspector of Police, Vanasthalipuram PS, Malkajgiri, Rep. by Public Prosecutor, High Court for the State of Telangana, Hyderabad.
.... Respondent ORDER:
This Criminal Petition is filed seeking the Court to enlarge the petitioner on bail, who are arrayed as accused No.2 in Crime No.496 of 2026 of Vanasthalipuram Police Station, Malkajgiri District, registered for the offences punishable under Sections
8(c) r/w 20(b)(ii)(B), 27 and 29 of the NDPS Act, 1985 (Amendment Act, 2001).
2.
The brief facts of the case are that on 20.03.2026, the police, on reliable information, had conducted raid and found the accused Nos.1 and 2 in possession of 5.51 kgs of Ganja and he immediately conducted panchanama and seized the contraband. Subsequently, a case was registered against them for the above said offences.
3.
Heard Sri V. Vijay Shankar, learned counsel appearing on behalf of the petitioner as well as Sri M. Ramachandra Reddy, learned Additional Public Prosecutor for Respondent -State. 4.
Learned counsel for the petitioner submitted that the petitioner is innocent of the said allegations and has been in judicial custody since 20.03.2026 and the seized contraband is 5.51 kgs of Ganja, which constitutes an intermediate quantity and the material part of the investigation was already completed. Therefore, he prayed the Court to grant bail to the petitioner by allowing this criminal petition.
5.
On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that the alleged offences are of the NDPS Act
and though the seized contraband is 5.51 kgs of Ganja, there are other cases pending against accused No.2 and he is not the native of Telangana State. Therefore, he prayed the Court to dismiss the criminal petition.
6.
In the light of the submissions made by both the learned counsel and upon perusal of the material available on record, it appears that the petitioner has been in judicial custody since 20.03.2026. The contraband seized in this case is 5.51 kilograms of Ganja, which falls under intermediate quantity. However, it is also brought to the notice of this Court that the petitioner is involved in Crime No.619 of 2024 under the NDPS Act, in which charge sheet has been filed and the case is numbered as Sessions Case. Having regard to the facts and circumstances of the case, the nature of the allegations, the stage of investigation, the duration of incarceration, and the quantity of the contraband seized, this Court finds it appropriate to grant bail to the petitioner subject to the following conditions: i.
The petitioner 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 learned VII Additional Judicial Magistrate of First Class, Ranga Reddy District, at Hayathnagar.
ii.
The petitioner 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 shall abide by the conditions stipulated in Section 437(3) of Cr.P.C. (presently, Section 480(3) of the BNSS).
7.
Accordingly, this Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date: 05.05.2026 SS
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.6429 of 2026 Date:05.05.2026 SS