Ajay Kumar Chaudhary 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.16799 of 2025 DATE: 24.12.2025 Between:

Ajay Kumar Chaudhary .... Petitioner/accused No.1 AND The State of Telangana, Through P.S. Nampally, Rep. by Public Prosecutor, High Court at Hyderabad.

.... Respondent/Complainant ORDER:

This Criminal Petition is filed seeking the Court to enlarge the petitioner on bail, who is arrayed as accused No.1 in FIR.No.180 of 2025 of Nampally Police Station, Hyderabad District, registered for the offences punishable under Sections 8(C) r/w 22(C), 27(b) and 29 of the NDPS Act, 1985.

2.

The brief facts of the case are that, on 08.07.2025, the police on credible information had conducted inspection and found accused Nos.1 and 2 with 100 grams of Mephedrone drug, which is a Psychotropic substance and seized the contraband and later, on investigation, accused Nos.3 to 13 were also arrayed as accused and accused Nos.1 and 2 were arrested on 08.07.2025 and the remaining accused are shown as absconding and a case was registered against them for the above said offences.

3.

Heard Smt. Swathi Sharma , learned counsel appearing on behalf of the petitioner as well as Sri D. Arun Kumar, learned Additional Public Prosecutor for respondent-State. 4.

Learned counsel for the petitioner submitted that the petitioner is innocent of the said allegations and he is in jail since 08.07.2025 and it is a fourth bail petition and the entire investigation is completed and as on today, no charge sheet is filed and he is in jail since 180 days and therefore, the petitioner is entitle for the bail and 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 alleged contraband in the present case

is 100 grams of Mephedrone drug, which is a commercial quantity and he is not entitled for the bail. Therefore, he prayed the Court to dismiss the criminal petition.

6.

In the light of the submissions made by both the learned counsel and upon perusal of the material available on record, it appears that the petitioner is in jail since 08.07.2025 and though the seized contraband is 100 grams of Mephedrone drug, as on today, charge sheet is not filed by the investigating authority, even after completion of 180 days. Considering the facts and circumstances of the case, the nature of the allegations, the stage of investigation, the duration of incarceration and the seized quantity, this Court finds it appropriate to grant bail to the petitioner/accused No.1, subject to the following conditions. i.

The petitioner/accused No.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 XII Additional Chief Judicial Magistrate, at Hyderabad.

ii.

The petitioner/accused No.1 shall appear before the concerned SHO at

11:00 a.m., on every Monday 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/accused No.1 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: 24.12.2025 TU

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.16799 of 2025 Date:24.12.2025 TU