Chenelli Pavan Adhithya v. The State Of Telangana

The Hon'ble Sri Justice J.Sreenivas Rao Criminal Petition No.8370 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.3 in Crime No.98 of 2025 on the file of the Prohibition and Excise, Saroornagar Police Station, Ranga Reddy District, registered for the offence punishable under Section 8(c) r/w 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').

2.

The case of the prosecution is that on 29.05.2025 at about 07:00 p.m., on receipt of credible information regarding illegal possession and sale of dry ganja, the Prohibition and Excise Sub-Inspector of Police, Saroornagar Police Station proceeded to House No.11-5-97/2, Plot No.53, 3rd floor, Road No.301, Near Shivalayam, Road No.1, Krishna Nagar Colony, Saroornagar, and apprehended accused Nos.2 to 5 and seized 1.1 kg of dry ganja from them. Basing on the same, the

::2::

aforesaid case was registered against the petitioner/accused No.3 and other accused for the aforesaid offence. 3.

Heard Mr. Ravuri Sai Sumanth, learned counsel for the petitioner/accused No.3 and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent/State. 4.

Learned counsel for the petitioner submitted that the petitioner has not committed the offence and he has been falsely implicated n the present crime and even according to the complaint, the contraband seized in the present crime is 1.1 kg of dry ganja, which is intermediate quantity. He further submitted that the petitioner is a student and he is not having any criminal antecedents and he is ready to cooperate with the investigation and abide by the conditions that may be imposed by this Court and hence, prayed for grant of bail. 5.

Per contra, learned Additional Public Prosecutor submitted that petitioner/accused No.3 has committed grave offence under the provisions of the NDPS Act. He further submitted

::3::

that the investigation is under progress and at this stage, the petitioner is not entitled for grant of bail. 6.

Having considered the rival submissions made by learned counsel for the respective parties and on perusal of the material available on record, it reveals that the seized contraband of 1.1 kg of dry ganja is an intermediate quantity. Even according to the learned Additional Public Prosecutor, no criminal antecedents are reported against the petitioner/accused No.3 and he was arrested in the present crime on 29.05.2025 and since then, he is in judicial custody. 7.

Taking into consideration the facts and circumstances of the case and the submissions made by learned counsel for the respective parties, this Court is inclined to grant bail to the petitioner/accused No.3, subject to the following conditions: (i) The petitioner/accused No.3 shall be enlarged on bail on his executing a personal bond for a sum of Rs.15,000/-(Rupees Fifteen Thousand only) with two sureties for a like sum each to the satisfaction of the V Metropolitan

::4::

Magistrate at Prohibition and Excise Court, L.B.Nagar, Ranga Reddy District.

(ii) The petitioner/accused No.3 shall appear before the concerned Station House Officer at 11.00 A.M. on every Monday, 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.

iii) The petitioner/accused No.3 shall abide by the conditions stipulated in Section 483 (3) of BNSS.

(iv) After release, if the petitioner/accused No.3 indulges in similar offences, the respondent/State shall be at liberty to file an application seeking cancellation of bail.

8.

Accordingly, the Criminal Petition is allowed. As a sequel, miscellaneous petitions, pending if any, stand closed.

___________________ J.SREENIVAS RAO, J Date: 14.07.2025 LUR