Shiva Biswas, v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.14675 of 2025 ORDER:

Seeking the Court to enlarge the petitioners who arrayed as accused Nos.1 and 2 in Crime No.2106 of 2025, 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 25.09.2025, on reliable information that two individuals are transporting ganja, the police conducted a raid and seized the contraband of 5.036 kilograms of ganja from the possession of accused Nos.1 and 2, following which the petitioners were arrested. Subsequently, a case was registered against them for the aforesaid offences.

3.

Heard Sri Kotha Uday Kiran Reddy, learned counsel appearing on behalf of the petitioners as well as Sri D. Arun Kumar, learned Additional Public Prosecutor appearing on behalf of the respondent-State.

4.

Learned counsel for the petitioners submitted that the petitioners are innocent and has been in judicial custody since

26.09.2025 and that the seized contraband, i.e.,5.036 Kgs of ganja, constitutes only an intermediate quantity and that all the material witnesses have been examined and further detention of the petitioners is unwarranted. Therefore, 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. However, he informed the Court that the petitioners has no criminal antecedents.

6.

Considering the submissions of both learned counsel and upon perusal of the material available on record, it is observed that the seized contraband i.e.,5.036 kilograms of ganja falls under the category of intermediate quantity and the petitioners has been in judicial custody since 26.09.2025, and a substantial portion of the investigation has already been completed. In view of these circumstances, 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 XIII Additional District and Sessions Judge, Ranga Reddy District at L.B. Nagar.

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: 18.11.2025 SS

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.14675 of 2025 Date: 18.11.2025 SS