Lalit Mandi @ Lalit v. The State Of Telanagana

THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.6740 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.30 of 2025 on the file of Tappachabutra Police Station, Hyderabad, registered for the offences punishable under Section 8(c) r/w 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').

2.

The case of the prosecution is that, on 06.02.2025, while the Sub-Inspector of Police, Tappachabutra, along with his staff, was conducting vehicle checking near Arman Hotel, Jhirra Road, Tappachabutra, Hyderabad, they apprehended the petitioner and seized 1132 grams of hash oil, and based on his confessional statement, the involvement of Accused No.1 came to light. Basing on the same, a case was registered in Crime No.30 of 2025. 3.

Heard Mr.M.Amarnath, 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 the provisions of the NDPS Act, seized the contraband. He further submitted that the petitioner was arrested on 06.02.2025 and since then he is in judicial custody. He further submitted that the petitioner is a student and he is not having any other criminal antecedents. He further submitted that entire investigation is completed, except filing of charge sheet and the petitioner is willing and 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 1132 grams of hash oil 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 is a student and he was arrested on 06.02.2025 and since then he is in judicial custody. Even according to the learned Additional Public Prosecutor, 6 witnesses were already examined and the petitioner is not having any other criminal antecedents.

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 the VI Additional Chief Judicial Magistrate at Hyderabad.

(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) After release, if the petitioner/accused No.2 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) After release, the petitioner/accused No.2 shall surrender his passport before the concerned Court and if he is not having passport, he shall file sworn affidavit before the concerned Court. (v) After release, if the petitioner/accused No.2 indulges in similar offence, the respondentState is entitled to file an application seeking cancellation of the bail granted by this Court in his favour.

(vi) The petitioner/accused No.2 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C., presently Section 483(3) of BNSS. 8.

Accordingly, the Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed. ___________________________ JUSTICE J.SREENIVAS RAO Date: 17.06.2025 vsl