Mujaffar Wahid Shaikh @ Mujaffar v. The State Of Telangana
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.16467 OF 2025 29.12.2025 Between :
Mujaffar Wahid Shaikh @ Mujaffar ...
Petitioner/A.1 And The State of Telangana, Through Golconda Police Station, Hyderabad.
...Respondent/Complainant
:ORDER :
This criminal petition is filed under Sections 480 & 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioner/A.1 seeking his enlargement on bail in connection with Crime No.166 of 2025 of Golconda Police Station, Hyderabad. The offences alleged against the petitioner are under Sections 8(c) r/w 22(c), 27, 27 (A) and 29
of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').
2.
The case of the prosecution is that on 23.07.2025 at 08.00 hours, on reliable information Lw.1 along with his staff and team went to scene at Hanuman Temple, Alijapur road, Golconda, Hyderabad and noticed gathering of A.1 to A.7 with regard to supply of cocaine and on enquiry and search the police found 276 grams of cocaine from the possession of A.1 to A.5 and seized the same. Basing on the complaint, the police registered the case against the accused for the above offences.
3.
Heard Sri Mohammed Ghouse Pasha, learned counsel for the petitioner and Sri D. Arun Kumar, learned Additional Public Prosecutor appearing for the respondent-State. 4.
The contention of learned counsel for the petitioner is that petitioner is innocent of the said allegations and he is falsely implicated in this case. No independent witnesses are examined and the petitioner has been in jail from 23.07.2025 and charge sheet is not filed till today and petitioner has been
in jail for nearly 51⁄2 months. As such, requested this Court to grant bail to the petitioner.
5.
On the other hand, learned Additional Public Prosecutor opposed bail stating that the quantity seized is 276 grams of cocaine together from A.1 to A.5. As such, each accused is liable for 276 grams. As the quantity involved is commercial quantity, petitioner is not entitled for bail and prayed to dismiss this bail application.
6.
Considering the submissions made by both the counsel and material on record, it appears that petitioner herein is accused No.1 and he is in jail from 23.07.2025 and as seen from the record, there is a recovery of 276 grams of cocaine, which is a commercial quantity and even after 51⁄2 months, the investigating authority has not filed charge sheet. Considering the facts and circumstances of the case, the period of incarceration and also that the charge sheet is not filed even after 51⁄2 months, this Court finds it appropriate to grant bail to the petitioner/A.1 subject to the following conditions.
i. The petitioner/A.1 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 Sessions Judge, Hyderabad.
ii. The petitioner/A.1 shall appear before the concerned SHO at 11:00 a.m., on every Wednesday for a period of eight (8) weeks or till filing of charge sheet whichever is earlier, for the purpose of investigation, and thereafter, as and when required.
iii.
The petitioner/A.1 shall abide by the conditions stipulated in Section 483(2) of the BNSS.
7.
Accordingly, the Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date: 29.12.2025 TU
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.16467 of 2025 Date: 29.12.2025 TU