Cheruvukommu Vijaya Bhaskar Goud v. Union Of India, Through The Sub-Inspector,

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT

HYDERABAD THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PETITION No.7590 of 2026 Between:

Cheruvukommu Vijaya Bhaskar Goud ..Petitioner/Accused No.3 And Union of India, Through the Sub-Inspector, Narcotics Control Bureau, Hyderabad Zonal Unit. ..Respondent/Complainant

ORDER

This Criminal Petition is filed seeking the Court to enlarge the petitioner who is arrayed as accused No.3 in NCB F.No.IV/4/31/Cr.No.03/2026/HYD registered for the offences punishable under Sections 167(2) of Code of Criminal Procedure (Cr.P.C. for brevity) (187 (2) of Bharatiya Nagarik Suraksha Sanhitha, 2023) read with Sections 51 and 53 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') on bail.

2.

Heard learned counsel for the petitioner and learned Standing Counsel for respondent.

3.

Learned counsel for the petitioner submitted that the petitioner is innocent of the alleged offences; that no contraband was recovered from him; and that he was not present at the place of offence, but has been falsely implicated in the present case. He further submitted that the investigation in Crime No. 03 of 2026 of PS NCB Hyderabad Zone has been completed, but the charge sheet is yet to be filed, and that the petitioner has been languishing in jail since the date of registration of the FIR arising out of NCB F.No. IV/4/31/Cr.No.03/2026/HYD, wherein the petitioner was remanded under Section 167(2) of the Cr.P.C. (Section 187(2) of the BNSS), read with Sections 51 and 53 of the NDPS Act. 3.1.

He further submitted that the petitioner has been arrayed as Accused No.3 and has been in judicial custody since 07.02.2026, and that, till date, no charge sheet has been filed. He contended that the petitioner was not apprehended from the scene of offence and that he has been implicated solely on the basis of the confession statements recorded under Section 67 of the NDPS Act from Accused Nos. 1 and 2. According to the prosecution, on 06.02.2026, a contraband substance weighing 1.878 kg of Alprazolam was seized near Ramalingeshwar Swami Temple, near the Railway Bridge, Medchal, Telangana.

3.2.

He further submitted that the said confession statements, prima facie, do not disclose the source of the contraband substance and that, merely on the basis of such confession statements, the petitioner cannot be subjected to continued incarceration. Therefore, he prayed the Court to grant bail to the petitioner by allowing this criminal petition. 4.

On the other hand, the learned Standing Counsel for the respondent submitted that the investigation is still in progress and that the source of the contraband substance is yet to be ascertained. He further submitted that, based on the confessional statements made by Accused Nos. 1 and 2, considerable time would be required to ascertain the source of the contraband and to file the charge sheet. Hence, the petitioner is not entitled for grant of bail, and prayed the Court to dismiss the petition. 5.

Considering the submissions made by both learned counsel and upon perusal of the material available on record, the fact remains that the petitioner is under judicial custody based on the confessional statements recorded under Section 67 of the NDPS Act from Accused Nos. 1 and 2. It is also an undisputed fact that the petitioner was not present when the contraband substance was intercepted by the respondent police. Prima facie, it appears that the source through which the petitioner is alleged to have directed

Accused Nos. 1 and 2 to obtain the said contraband substance has not yet been ascertained by the respondents. In view of these circumstances, this Court deems it fit to grant bail to the petitioner, subject to the following conditions: i. The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only), with two sureties for a like sum each to the satisfaction of the learned Additional Judicial First Class Magistrate, Medchal-Malkajgiri at Medchal.

ii. The petitioner shall appear before the concerned SHO between 09.00 a.m. and 05.00 p.m., on every Monday for a period of eight (8) weeks, for the purpose of investigation or till filing of charge sheet whichever is earlier and thereafter, as and when required.

iii. The petitioner shall not leave the country without prior permission of the concerned Court and surrender his passport before the Court concerned, if any, or else he shall file an affidavit to that effect.

iv. The petitioner shall not tamper, influence, induce or coerce the witness with regard to the material evidences.

v. The petitioner shall not commit any similar or new offences while he is on bail.

If the petitioner is found to have violated any of the above conditions, the Investigating Officer/trail Court is at liberty to proceed with the matter in accordance with law. 6.

Accordingly, the Criminal petition is disposed of. Miscellaneous applications, if any pending, shall stand closed.

___________________ E.V.VENUGOPAL, J PSW/LK

THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PETITION No.7590 of 2026 PSW/LK