Cherala Venkat Swamy v. The State Of Telangana

THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.7271 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.10 in Crime No.147 of 2025 on the file of Zaheerabad Town Police Station, Sangareddy, registered for the offences punishable under Sections 8(c) r/w 22(c), 27(A) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').

2.

The case of the prosecution is that on 15.05.2025, the SubInspector of Police, Zaheerabad Town Police Station, received credible information about the transport and delivery of Alprazolam. He secured panchas and proceeded to Indraprasta Colony, Zaheerabad, where a person carrying a bag approached a Hyundai Creta car. Acting on the information, the Sub-Inspector, his team, and the panchas apprehended the individual and the driver. On enquiry, their identities were revealed, and Rs.7,50,000/- was recovered from the driver, along with the seizure of 770 grams

of Alprazolam. Basing on the same, a case was registered in Crime No.147 of 2024.

3.

Heard Mr.G.Bhaskar Reddy, learned counsel representing Mr.N.Ravi, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondentState. 4.

Learned counsel for the petitioner submitted that petitioner has not committed alleged offence and basing on the confession statement given by the other accused, he was falsely implicated in the said crime. Even according to the allegations made in the complaint and remand case diary, the alleged contraband was seized from other accused Nos.1 and 2 only, hence, the provisions of NDPS Act are not attracted against the petitioner. He further submitted that the petitioner was arrested on 20.05.2025 and since then he is in judicial custody and he is not having any other criminal antecedents. He further submitted that the petitioner is eking out his livelihood by doing toddy business. He further submitted that entire investigation is completed, except filing of charge sheet and the petitioner is 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.10 has committed grave offence under the provisions of NDPS Act and 770 grams of Alprazolam 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 was arrested on 20.05.2025 and since then he is in judicial custody. The remand case diary reveals that the contraband was seized from the accused Nos.1 and 2 only and basing on the confession given by the other accused, petitioner was arrayed as accused No.10 in the present case. Even according to the learned Additional Public Prosecutor, 17 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.10, subject to the following conditions: (i) The petitioner/accused No.10 shall execute 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 Additional Judicial Magistrate of First Class at Zaheerabad.

(ii) After release, the petitioner/accused No.10 shall appear before the concerned S.H.O. at 11.00 a.m. on every Monday for a period of four (4) 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.10 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.10 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: 24.06.2025 vsl