Havvanwar Manik, v. State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT

HYDERABAD THE HON'BLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY CRIMINAL PETITION No.7874 OF 2026 BETWEEN:

Havvanwar Manik ...petitioner/accused And State of Telangana, Through Public Prosecutor, Prohibition and Excise.

... Respondent

ORDER

This Criminal Petition is filed under Section 482 Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS') for grant of anticipatory bail to the petitioner in COR No.78 of 2026 before the Prohibition and Excise, Bichkunda Police Station. 2.

Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State and perused the material available on record.

3.

The allegation against the petitioner/accused is that petitioner/accused is cultivating Ganja plants in agricultural land bearing Sy.No.17/A2 admeasuring Ac.3.3250 Gts., in Somur Vilage, Madnoor Mandal, Kamareddy District. Hence, the Police registered a case in COR No.78 of 2026 for the offence punishable

under Section 8(b) read with 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substance Act, 1985 (For short 'NDPS Act'). 4.

Learned counsel for the petitioner contended that the petitioner is aged 60 years and has no concern with the land where Ganja plants were alleged to have been seized by Excise Officials and that he was falsely implicated in this case and has not committed any offence as alleged against him. Therefore, learned counsel prays this Court to grant anticipatory bail to the petitioner by allowing this criminal petition. 5.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that the allegations levelled against the petitioner are serious in nature and the petitioner had raised ganja plants in his land. Therefore, the matter requires detailed investigation and prayed to dismiss the criminal petition. 6.

It is the specific contention of the petitioner that there is no proper evidence to show that the petitioner was cultivating that particular land from where the ganja plants were seized. Having regard to the rival submissions made and on going through the material placed on record and also considering the age of the petitioner and since the contraband seized is intermediary, this Court deems it fit to grant pre-arrest bail to the petitioner/Accused, subject to the following conditions:

i.

The petitioner shall surrender before the Station House Officer, Bichkunda Police Station, Madnur Mandal, Kamareddy District, within two (2) weeks from today and on such surrender, the said Station House Officer shall release him on bail on his executing a personal bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, for a like sum each.

ii.

The petitioner shall appear before the concerned Investigating Officer on every Monday between 09:00 a.m. and 05:00 p.m., for a period of eight

(8) weeks or till the filing of the charge sheet, whichever is earlier, and thereafter, as and when required.

iii.

The petitioner shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 and co-operate with the Investigating Officer in investigating the case. 7.

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

___________________________________________ JUSTICE VAKITI RAMAKRISHNA REDDY Date: 29.05.2026 krk

THE HON'BLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY CRIMINAL PETITION No.7874 of 2026 Dt.29.05.2026 krk