A-2 Jella Netha @ Jella Naresh, v. The State Of Telangana, Through S.H.O, P.S. Excise Saroornagar,

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT

HYDERABAD THE HONOURABLE SRI JUSTICE SUDDALA CHALAPATHI RAO CRIMINAL PETITION No.7952 OF 2026 BETWEEN :

Jella Netha @ Jella Naresh.

...Petitioner/Accused No.2.

AND The State of Telangana through SHO, P.S.Excise, Saroornagar, Rep by its Public Prosecutor, High Court at Hyderabad.

... Respondent O R D E R :

This Criminal Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, "BNSS"), seeking grant of pre-arrest bail to the petitioner, who is arrayed as accused No.2 in C.O.R No. 177 of 2025 on the file of Excise Police Station, Saroornagar, registered for the offence punishable under Section 8(c) read with Section 21(b) of the NDPS Act, 1985.

2.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for respondent - State.

3.

The brief facts of the case are that on 26.08.2025 AC Enforcement, Ranga Reddy Zone along with staff conducted raid at road leading from Telephone Colony to Alkapur, near Road No.6, R.K.Puram. During the said raid, Police have detected illegal transportation and possession of narcotic drugs and seized 25.68 grams of Codeine Phosphate concealed in a packet along with two mobile phones and one Activa 6G two wheeler bearing registration No.TS-09FY-5331 from the possession of accused No.1. Basing on the same, Police have registered a case in C.O.R.No.177 of 2025.

4.

Learned counsel for the petitioner submits that the petitioner is a Medical Practitioner and accused No.1 approached him for codium cold syrup and the same was delivered, which was not illegal. It is further contended tht the petitioner has a valid licence to deliver codium syrup and he is no way connected with the alleged incident, wherein, Police have seized the contraband from accused No.1 on 26.08.2025. Accused No.1 has made false confession and implicated him in the present case. There

are no specific acts attributed against the petitioner herein and that accused No.1 was already enlarged on regular bail. Hence, learned counsel prays this Court to grant anticipatory bail to the petitioner.

5.

Per contra, learned Additional Public Prosecutor contended that the petitioner is a Medical Practitioner and he is not entitled to sell the said Codium Syrup to accused No.1 without a proper prescription and without following the due procedure for selling the same under the Pharmacists Rules. Hence, learned Additional Public Prosecutor prays this Court to dismiss the present application.

6.

It is evident from the remand report and other material that the petitioner is a Medical Practitioner and that accused No.1 was already enlarged on bail by this Court.

7.

In the light of submissions made by both learned counsel and upon perusal of the material available on

record, this Court deems it appropriate to grant pre-arrest bail to the petitioner/accused No.2.

8.

Accordingly, the present Criminal Petition is allowed on the following conditions:

1) Petitioner/accused No.2 is directed to surrender before the Station House Officer, Excise Police Station, Saroornagar, on or before 15.06.2026 and on such surrender, the said Station House Officer shall release him on bail on executing a personal bond for Rs.10,000/- (Rupees ten thousand only) with two sureties, for the like sum each to the satisfaction of the concerned Station House Officer;

2) Petitioner/accused No.2 shall appear before the concerned Station House Officer on every Sunday between 10.00 A.M. and 02.00 P.M.

for a period of eight (8) weeks or till filing of charge sheet, whichever is earlier, for the purpose of investigation, and thereafter, as and when required.

3) Petitioner/accused No.2 shall abide by the other conditions stipulated in Section 482(2)

of Bharatiya Nagarik Suraksha Sanhitha, 2023 and co-operate with the investigating officer in investigating the case.

Miscellaneous applications, pending if any, shall stand closed.

___________________________________________ JUSTICE SUDDALA CHALAPATHI RAO Date: 04.06.2026 YNK

THE HONOURABLE SRI JUSTICE SUDDALA CHALAPATHI RAO CRIMINAL PETITION No.7952 of 2026 Dt.04.06.2026 ynk