Cliton Joe Swamy v. State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION Nos.7764 & 7766 of 2026 DATE: 09.06.2026 IN Crl.P.No.7764 of 2026 BETWEEN:

Cliton Joe Swamy.

.....petitioner/accused No.34 And The State of Telangana, Rep. by Public Prosecutor, High Court for the State of Telangana, at Hyderabad.

.....Respondent IN Crl.P.No.7766 of 2026 BETWEEN:

Rubina Cliton Swamy.

.....petitioner/accused No.35 And The State of Telangana, Rep. by Public Prosecutor, High Court for the State of Telangana, at Hyderabad.

.....Respondent

COMMON ORDER These Criminal Petitions are filed praying this Court to enlarge the petitioners on bail who are arrayed as accused Nos.34 and 35 in Crime No.2 of 2025 before the Telangana Anti Narcotics Bureau.

2.

The prosecution case is that on 07.07.2025, based on credible information, the police intercepted accused A. Surya near his restaurant at Kompally and seized contraband including 10 grams of Cocaine, 3.2 grams of OG Weed (Ganja), and 1.6 grams of Ecstasy pills, along with his vehicle and mobile phone. The FIR was registered under Sections 8(c) r/w 20(b)(ii)(A), 22(a), 22(b), 27(a), 27(b), and 29 of the NDPS Act. The prosecution further alleged that Surya was involved in procuring drugs from Nigerian suppliers and distributing them among his associates. Based on the confession of co-accused A4 and certain bank transactions, the petitioners were implicated in the case.

3.

Heard Sri K.Srujan Manohar, learned counsel appearing on behalf of the petitioners as well as Sri M. Ramachander Reddy, learned Additional Public Prosecutor appearing on behalf of the respondent - State.

4.

Learned counsel for the petitioners submitted that petitioners have been falsely implicated solely on the basis of a co-accused's confession and alleged bank transactions, without any recovery of contraband from them. He contended that the ingredients of the offences under the NDPS Act are not attracted in their case, as there is no direct evidence linking them to possession, sale, or consumption of narcotics. The petitioners are the sole breadwinners of their families, have minor children, and their continued detention is causing grave hardship. Therefore, he prayed the Court to grant bail to the petitioners by allowing these Criminal Petition.

5.

Learned Additional Public Prosecutor opposed the submissions made by learned counsel for petitioners, contending that offences alleged are grave in nature, involving commercial quantity of narcotics, which carry stringent punishment under the NDPS Act. He averred that the petitioners' involvement has surfaced through confessional statements and financial transactions, which establish their nexus with drug suppliers and consumers. Therefore, he prayed the Court to dismiss the criminal petitions.

6.

In the light of the submissions made by both the learned counsel and a perusal of the material available on record, it is noted that considering the facts and circumstances of the case and the incarceration period of the petitioners, this Court deems it fit to grant bail to the petitioners, subject to the following conditions:

i.

The petitioners shall execute a personal bond for a sum of Rs.25,000/- each (Rupees Twenty Five Thousand only) with two sureties for a like sum each to the satisfaction of the Special Judicial Magistrate of First Class (Prohibition and Excise) cum V Additional Metropolitan Magistrate, Ranga Reddy District, at LB.Nagar.

ii.

The petitioners shall appear before the concerned SHO at 11:00 a.m., on every Monday for a period of eight (8) week or till filing of charge sheet, whichever is earlier, for the purpose of investigation, and thereafter, as and when required.

iii.

The petitioners shall abide by the conditions stipulated in Section 437(3) of

Cr.P.C.(presently, Section 480(3) of the BNSS).

7.

Accordingly, these Criminal petition are allowed. Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 09.06.2026 PT

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION Nos.7764 & 7766 of 2026 Date: 09.06.2026 PT