A-1 Ramesh Kumar, v. The State Of Telangana, Through S.H.O, P.S. Jawaharnagar,
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION NO : 16044 0F 2025 Between:
A-1 Ramesh Kumar, S/o Jagadish, Aged about: 20 years, Occ: Worker at Mahalaxmi Mobile Shop, R/o H.No.1-1-28131 , Jai Kisan Colony, Dammaiguda, N/o Narnaniyon Ki Dhani, Barmer, Rajasthan 345033.
A-2 Naresh Kumar, S/o Aasuram, Aged about 20 years, Occ: Worker at Mahalaxmi Mobile Shop, R/o H.No.1-1-28131, Jai Kisan Colony, Dammaiguda, N/o Narnaniyon Ki Dhani, Barmer, Rajasthan 345033.
A-3 Om Prakash, S/o Bhagirath Ram, Aged about:36 years, Occ: Steel Welding Work, Rl/o Vinayak Nagar, Medchal-Malkajgiri, N/o Manki Tech, Gudarmalani, Barmer, Rajasthan.
...Petitioners/Accused No.1 to 3
AND The State of Telangana, Through S.H.O, P.S. Jawaharnagar, Rep by its Public Prosecutor, High Court at Hyderabad.
...RespondenUComplainant Petition under Section 480 & 483 of BNSS praying that in the circumstances stateC in the lt'4emorandum of Grounds of Criminal Petition, the High Court may be pleased to release the Petitioners/Accused No.1 & 23 herein on bail in CRIME. no. 116812025 of P.S Jawaharnagar, Medchal Malkaigiri District, for the offences Punishable U/s 8 (c) rlw 22 (c) 29 OF NDPS ACT -1985. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Pothamshetti Manoj Kumai', Advocate foi the Petitionei'and the Sri D. Arun Kumar, Additional Public Prosecutor on behalf of the Sole Respondent. The Court made the following: ORDER
IN THE HIGH COURT FOR THE STATE OF TELAI GANA AT
HYDERABAD THE HONOURABLE SMT. JUSTICE K. SU.I \NA .
CRIMINAL PETITION No.16044 of 2O2l DATE:31.12.2O25 Between:
Ramesh Kumar and others Petitione rs / Accrr:,r ct Nos. 1 l-o 3 AND The State of Telangana, Through S.H.O. P.S. Jawaharnagar, Represented by its Public Prosecutor, High Court at Hyderabad.
Respondent/Compla .nant
ORDER
This criminal petition is filed under Scctions. 8O & 483 of Bharatiya Nagarik Suraksha Sanhita, 2O23 llor slr lt 'BNSS') by the petitioners/accused Nos. I to 3 sceking bail r connection with Crime No. 1 l68ot 2025 of .Iau,aharnagar ['c ice Station, Medchal Malkajgiri District. Thc olfences allegc J against the petitioners are under Section B(c) read with 22(c) r,'Lri r.r,i[h 29 of the Narcotic Drugs and Psychotropir Substan,es r:t, 1985 (for short'NDPS Act).
2.
The case of thc prosccution is that, on I I 1O.2025, on re liable information, thc Police conducted a re rr and [ound
MDMA drug in a vehicle dickcy, rvhich was 35 gms of MDMA, and the same was seized. Basing on the same, the Police registered a case against the accused for the above offences' 3.
Hea-rd Sri Pothamshetti Manoj Kumar, leamed counsel for the petitioners rrnd Sri D.Arun Kumar, learned Additional Public Prosecutor appearing for the respondent-State ' 4.
The contention of th: Icarned counsel for the petitioners is that the petitioners are innocent and that the petitioners are falsely implicated in this casc. I-{e further submitted that the CCTV photographs show's that thc pctitioners were taken from their house and they u'ere illegally taken into custody by filing FIR. As such, he requested the Court to grant bail to the petitioners.
5.
On the other hand, the learned Additional Public Prosecutor opposed the conlcnLions made by the learned counsel for the petitioncrs stating that the alleged offence falls under the provisions of thc NDPS Act and that the seized contraband conltitutes a commercial quantity and the allegations against the petitioners are serious in nature' Whether the alleged offence is legat or illegal cannot be decided in the bail pctition. Hcnce, he prays that the Court dismiss the bail petition.
6.
Considering both the material on recor' l and the allegation against the petitioners herein is tlrat thtr petitioners are transporting 35 gms of MDMA in a car. Acco: ['ng to the petitioners, the CCTV footage shows that though thc l)etitioners were taken from their house, the FIR was regist rcd on by falsety implicating them in the present case l r:annot be decided at this stage whether the alleged offence rr-Lracts the petitioners or not for arresting them without proper <:nquiry' In view of Section 37 of the NDPS Act, offencc; involving commercial quantities are non-bailable, as Lhe seized contraband is a huge commercial quantity. Givr:tr the serious allegations against the petitioner, this Court is not s rtislicd that the conditions for granting bail urnder Sec.ron '' arc mct' Therefore, the criminal petition lacks merit and lre same is liable to be dismissed.
7 .
Accordingly, this Criminal Pctition is dismissr l Miscellaneous applications, if any pending, shall stand closed.
Sd/ I-. LAKSHMI BABU t) :PUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1 The X Additional Junior Civil Judge-cum-X Additional [r,4r: ropotitan tVlagistrate, Medchal Malkajgiri District at Medchat.
2. The station House officer, Jawaharnagar police statior. Flachakonda District 3 T',vo CCs to the Public Prosecutor, Hrgh Couri foi. the []t: r; of Telangana at Hyderabad [OUT]
4. One CC to Sri Pothamshetti Manoj Kumar, Advocate [() ,UC] L4y 5 Two CD Copies Kanr l'R
HIGH COURT DATED:31 11212025 -.
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ORDER
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CRLP.No.16044 of 2025 FAr DISMISSING OF THE CRIMINAL PETITION 6l^ ( ?v \ru