A-3 Nishanth Biswas, v. The State Of Telangana,
THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.10259 of 2025 ORDER:
Seeking the Court to enlarge the petitioner who is arrayed as accused No.3 in Crime No.1218 of 2024 of Hayathnagar Police Station, Rangareddy District, on bail, the present Criminal Petition is filed.
2.
The brief facts of the case are that on 20.10.2024 the Police registered a case against the petitioners stating that on 30.10.2024 he received credible information about two persons transporting ganja on a TVS Jupiter bike No.OD-30F-8090 from Odisha to Hyderabad. After informing superiors, making GD entry, and securing panch witnesses and Clues Team, he along with staff laid surveillance near Mathaji Timber Depot, NH-65, Hayathnagar. At about 18:15 hours, the bike was intercepted and the rider and pillion, namely Nilu Nilkanta Sagaria and Shuvankar Dewri, were apprehended. On checking the vehicle in the presence of panchas, four brown-taped packets were found in the dickey, containing flowering and fruiting tops of ganja weighing 10.990 kgs. The
contraband along with the bike and two mobile phones was seized under cover of panchanama, sealed, and deposited in Form-1. The accused confessed that they had purchased the ganja from Nishanth Biswas at Malkangiri, Odisha, and were transporting it to Hyderabad for sale to one Kamal. Basing on the complaint, a case was registered under Sections 8(c), 20(b)(ii)(B) and 29 of NDPS Act, 1985.
3.
Heard Sri P. Manoj, learned counsel appearing on behalf of the petitioner as well as Sri Syed Yasar Manoon, learned Additional Public Prosecutor appearing on behalf of the respondent-State.
4.
Learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged in the complaint and that the seized contraband is of intermediate quantity. He further submitted that the petitioner has been in jail since 06.07.2025. Therefore, he prayed this Court to grant 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 investigation is already completed, as such, granting bail to the petitioner, at this stage, does not arise. Hence, he prayed the Court to dismiss the criminal petition.
6.
In the light of the submissions made by both the learned counsel and a perusal of the material available on record, since the seized contraband is of intermediate quantity, the petitioner has been languishing in jail since 06.07.2025, and the material part of the investigation has already been completed, this Court deems it fit to grant bail to the petitioner, subject to the following conditions: i.
The petitioner shall execute a personal bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each, with two sureties for a like sum each to the satisfaction of the learned I Additional District and Sessions Judge, Ranga Reddy District at L.B. Nagar.
ii.
The petitioner shall appear before the concerned SHO at 11:00 a.m., on every Monday for a period of eight (8) week or
till filing of charge sheet whichever is earlier, for the purpose of investigation, and thereafter, as and when required.
iii.
The petitioner shall abide by the conditions stipulated in Section 437(3) of Cr.P.C.(presently, Section 480(3) of the BNSS).
7.
Accordingly, the Criminal petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date: 19.08.2025 Dpm/sai
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.10259 of 2025 Date: 19.08.2025 dpm/sai