Kamalini Barai v. The State Of Telangana,
THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.12265 of 2025 ORDER:
Seeking the Court to enlarge the petitioners who are arrayed as accused Nos.1 and 2 in C.O.R.No.63 of 2025 of Prohibition & Excise Station, Khammam-I, registered for the offences punishable under Sections 8(c) read with 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'), on bail, the present Criminal Petition is filed.
2.
The brief facts of the case are that on 30.08.2025, on credible information, the police intercepted the accused and seized 15.050 kilograms of dry ganja from the possession of the petitioners. The petitioners were subsequently arrested, and a case was registered against them for the aforesaid offences. 3.
Heard Ms. K. Srija, learned counsel appearing on behalf of Sri B. Muralidhar, learned counsel for the petitioners as well as Sri Arun Kumar Doddla, learned Additional Public Prosecutor appearing on behalf of the respondent-State.
4.
Learned counsel for the petitioners submitted that the petitioners are innocent and that the seized contraband is just
Intermediate Quantity and that all the material witnesses were examined, and further detention of the petitioners is unnecessary. He further submitted that the petitioners have been in judicial custody since 30.08.2025 and he prayed the Court to grant bail to the petitioners by allowing this criminal petition. 5.
On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioners, contending that although the seized contraband falls under the category of intermediate quantity, the investigation is still ongoing and has not yet been completed. Therefore, granting bail to the petitioners, at this stage, does not arise. Hence, he prayed the Court to dismiss the criminal petition. 6.
Considering the submissions of both learned counsel and upon perusal of the material available on record, it is observed that the seized contraband falls under the category of intermediate quantity. The petitioners have been in judicial custody since 30.08.2025, and a substantial portion of the investigation has already been completed. In view of these circumstances, and taking into account the nature of the allegations, the stage of investigation, this Court deems it fit to grant bail to the petitioners, subject to the following conditions:
i.
The petitioners shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties for a like sum each to the satisfaction of the learned Special Judicial Magistrate of First Class (For Prohibition & Excise Cases) at Khammam.
ii.
The petitioners 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 petitioners 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: 23.09.2025 SS
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.12265 of 2025 Date: 23.09.2025 SS