Mohd Shoaib v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SARTATH CRIMINAL PETITION No.6664 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.1 in Crime No.50 of 2025 of on the file of Prohibition and Excise Police Station, Samshabad, Ranga Reddy District, registered for the offences punishable under Section 8(c) r/w 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'). 2.

The case of the prosecution is that, on 26.04.2025 at about 9.13 p.m on reliable information regarding illegal possession and sale of dry ganja, the P&ESI along with STF B-Team proceeded to a place near Vishal Mart, Chintalmet, Rajendranagar, Ranga Reddy District and seized Dry Ganja weighing about 1.188 Kilograms under cover of panchanama in the presence of mediators and registered a case in Crime No.50 of 2025 against the petitoner/A1 for the aforesaid offences and remanded him to judicial custody.

3.

Heard Mr. Neeraj Prasad, learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent-State.

4.

Learned counsel for the petitioner submitted that petitioner has not committed alleged offences and he was falsely implicated in the said crime. He further submitted that the petitioner was arrested on 26.04.2025 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 not having any other criminal antecedents and he is ready and willing to cooperate with the investigation and also ready to abide by the conditions, which are going to be imposed by this Court and prayed for grant of bail.

5.

On the other hand, the learned Additional Public Prosecutor submitted that petitioner/accused No.1 has committed grave offence under the provisions of NDPS Act and 1.188 kilograms of dry ganja was seized from possession of the petitioner and the investigation is in

progress and therefore 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 the petitioner was arrested on 26.04.2025 and since then he is in judicial custody. The ganja alleged to be seized from the possession of the petitioner/accused No.1 is small quantity. In view of the same, this Court is inclined to grant bail to the petitioner/accused No.1 subject to the following conditions.

(i) The petitioner/accused No.1 shall be released 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 like sum each to the satisfaction of the I Additional District and Sessions Judge, Ranga Reddy at L.B.Nagar.

(ii) After release, the petitioner/accused No.1 shall appear before the concerned S.H.O. on every

Sunday between 10.00 am and 11.00 am 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) After release, if the petitioner/accused No.1 indulges in similar offence, the respondent-State is entitled to file an application seeking cancellation of the bail granted by this Court in his favour.

(iv) The petitioner/accused No.1 shall abide by the other conditions stipulated in Section 480(3) of BNSS and shall cooperate with the investigation.

7.

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

_________________________ JUSTICE K.SARATH Date: 28.05.2025 bb/pss/trr