Jagannath Biswas v. The State Of Telangana

THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA CRIMINAL PETITION No.6485 of 2025 ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS') seeking anticipatory bail to the petitioner/accused No.2 in Crime.No.27 of 2024 on the file of P.S. Excise, Serilingampally, Ranga Reddy District, registered for the offences punishable under Sections 8 (C) r/w 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').

2.

The case of prosecution in brief is that on 20.03.2024 at 01.30 P.M. the DTF Shamshabad team conducted raids at Dubey Colony Road beside Bank of India ATM, Lingampally Railway Station, Serilingampally Mandal Ranga Reddy District. During the raid, the team detected illegal possession and Transportation of Dry Ganja and seized one bag Containing (04) Plastic dry Ganja Packets, 1.Containing (1.89) Kgs Dry Ganja, 2.containing (3.055) Kgs of Dry Ganja, 3.Containing (3.040) Kgs of Dry Ganja and another packet containing (2.185) Kgs Of Dry Ganja, total 10.193

Kgs of Dry Ganja from the possession of the accused. Basing on the said allegation, a case was registered in Crime No.27 of 2024. 3.

Heard Sri P.Manoj Kumar, learned counsel for petitioner and Mr.E.Ganesh, learned Assistant Public Prosecutor for the respondent-State.

4.

Learned counsel for petitioner submitted that petitioner has not committed the alleged offence and that he was falsely implicated in the above crime. He further submitted that the material part of the investigation is completed and the petitioner is ready to cooperate with the investigation and he is also ready to abide by the conditions, which are going to be imposed by this Court and hence, he prays to grant of anticipatory bail to the petitioner.

5.

Per contra, learned Additional Public Prosecutor submitted that the petitioner has committed grave offence and the investigation is still under progress and if the petitioner/accused No.2 grants anticipatory bail at this stage, he may tamper with the

evidence and he may also threaten the witnesses, and hence, he prays to dismiss the petition.

6.

Having considered the rival submissions made by learned counsel for respective parties and after perusal of the entire material available on record, it reveals that the contraband seized from the possession of the petitioner was 10.193 kgs., which is an intermediate quantity.

7.

Taking into consideration of the above facts and circumstances of the case and considering the submissions made by learned counsel for respective parties, this Court is of the considered view that petitioner/accused No.2 is entitled for grant of anticipatory bail, subject to the following conditions:

1. The petitioner/accused No.2 shall surrender before the Station House Officer of P.S.

Excise, Serilingampally, Ranga Reddy District within a period of ten (10) days from the date of receipt of a copy of this order, and on such surrender, the said Station House Officer shall release the petitioner/accused No.2 on bail on his executing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties, out of which one surety from the native place of the petitioner, for the like sum each to the satisfaction of the said Officer.

2. After release, the petitioner/accused No.2 shall appear before the concerned SHO at 11.00 A.M. on every Saturday, 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.

3. The petitioner/accused No.2 shall abide by the other conditions stipulated in Section 482 (2) Bharatiya Nagarik Suraksha Sanhitha, 2023 and co-operate with the Investigating Officer in investigating the case.

8.

Accordingly, the Criminal Petition is allowed. ____________________________________ JUSTICE NARSING RAO NANDIKONDA Date: 14.05.2025 sa/vsl

THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA CRIMINAL PETITION No.6485 of 2025 Dt: 14-05-2025 Sa/vsl