Kodigollu Appanna v. The State Of Telanagna,

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.12784 of 2025 ORDER:

Seeking the Court to enlarge the petitioner who are arrayed as accused No.7 in Crime No.725 of 2025 of Kukatpally Police Station, Cyberabad Commissionerate registered for the offences punishable under Sections 8(c) read with 21(c), 25A and 29 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 02.06.2025, on credible information, the police conducted a raid and seized 820 grams of a mixture containing cocaine and ephedrine from the possession of Accused Nos.1 and 2. During interrogation, Accused No.2 disclosed that approximately twenty days earlier, Accused No.7 had requested 500 grams of ephedrine. Accused No.2 procured the substance from Accused No.1 and delivered it to Accused No.7 at the same location, with payment promised after the sale of the drug. Based on this confession, the petitioner was arrested, and a case was registered under the provisions of the NDPS Act.

3.

Heard Sri G. Pavan Kumar, learned counsel appearing on behalf of the petitioner as well as Sri Arun Kumar Doddla, learned Additional Public Prosecutor appearing on behalf of the respondent-State.

4.

Learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in the case and that no contraband was seized from the petitioner, and apart from the confessional statement of Accused No.2, there is no material evidence collected by the Investigating Officer to establish the involvement of the petitioner. He further submitted that accused Nos.4 to 6 have already been granted bail by this Hon'ble Court and that the petitioner has been in judicial custody since 11.08.2025, causing undue hardship to his family, and that he has no criminal antecedents. Therefore, he prayed the 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 petitioner is actively involved in the case and, according to the investigating agency, the petitioner is a drug peddler and that the quantity of contraband involved

constitutes a commercial quantity, thereby attracting the rigors of Section 37 of the NDPS Act and that the investigation is still ongoing, therefore, granting bail to the petitioner, at this stage, does not arise. Hence, he prayed the Court to dismiss the criminal petition.

6.

Considering the submissions made by both learned counsel and upon careful perusal of the material available on record, it is observed that the petitioner has been in judicial custody since 11.08.2025. According to the prosecution, the petitioner had requested Accused No.2 to deliver 500 grams of ephedrine, which was allegedly delivered approximately twenty days prior to the raid. However, no contraband was seized from the petitioner. It is further noted that, as per the investigating agency, a substantial part of the investigation has been completed and Accused Nos. 4 to 6 have already been granted bail by this Court. Having regard to the facts and circumstances of the case, this Court finds it appropriate to grant bail to the petitioner, subject to the following conditions: i.

The petitioner 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 I Additional District and Sessions Judge, MedchalMalkajgiri District at Kushaiguda. 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: 06.10.2025 SS

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.12784 of 2025 Date: 06.10.2025 SS