Shaik Nasheer v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.8849 OF 2026 DATE : 18.06.2026 Between :

Shaik Nasheer S/o. Shaik Yakub.

...Petitioner/A.1

And The State of Telangana, Rep.byt its Public Prosecutor, High Court for the State, of Telangana,Hyderabad, Through Chinthakani Police Station.

... Respondent Complainant

O R D E R

This Criminal Petition is filed under Sections 480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioner/Accused No.1 seeking to enlarge him on bail in connection with Crime No.128 of 2026 of Chinthakani Police Station, Khammam District. The offence alleged against the petitioner is punishable under Section 8 (c) read with 20 (b)(ii)(A), 27 B of the NDPS Act, 1985.

2.

The case of the prosecution is that on 30.05.2026 while the police conducting patrolling duty at Pandillapalli, Gandhinagar colony, Chinthakani mandal, they apprehended accused Nos.1 and 2 and seized 1104 grams of ganja in the presence of mediators under the cover of panchanama along with their mobile phones and remanded them to judicial custody.

3.

Heard Sri B.Muralidhar, learned counsel for the petitioner/Accused No.1 and Sri D.Arun Kumar, learned Additional Public Prosecutor, appearing for the respondentState. 4.

The contention of learned counsel for the petitioner is that the petitioner is innocent of the offence alleged against him and he has been falsely implicated in this case; that the seized contraband is 1104 grams, which is an intermediate quantity;

material part of the investigation is completed, as such requested the Court to grant regular bail to the petitioner.

5.

On the other hand, learned Additional Public Prosecutor opposed the same and submits that the offence alleged against the petitioner is under the provisions of NDPS Act; that though the seized contraband is 1104

grams, investigation is not yet completed, at this stage, the petitioner is not entitled for grant of bail and hence, he prays to dismiss the bail. However, he submits that no other cases are pending against him.

6.

Considering the submissions made by learned counsel for petitioner and learned Additional Public Prosecutor, the petitioner has been in judicial custody since 30.05.2026. As seen from the record, the seized contraband is 1104 grams, which is an intermediate quantity, nature of allegations against the petitioner and progress in investigation, this Court deems it fit to grant bail to the petitioner/Accused No.1 subject to the following conditions:

(i) The petitioner-accused No.1 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 learned III Additional Judicial Magistrate of First Class, Khammam.

(ii) On such release, the petitioner-accused No.1 shall appear before the concerned S.H.O.

between 09:00 a.m., and 5:00 p.m., on every Wednesday 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.1 shall abide by the conditions stipulated in Section 437 (3) of Cr.P.C. (presently, Section 480 (3) of BNSS). 7.

Accordingly, the Criminal petition is allowed. Miscellaneous petitions, if any, pending shall stand closed.

_______________ K. SUJANA, J Date: 18.06.2026 YVL