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High Court for State of TelanganaCRLP/17435/2025allowed no costs

Kadam Satish v. The State Of Telangana

2025-12-30K. Sujana5 pages

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.17435 OF 2025 30th DAY OF DECEMBER 2025 Between :

Kadam Sathish ...

Petitioner/A.3 And The State of Telangana, Rep., by Public Prosecutor, High Court of Telangana, P.S.Shamirpet.

...Respondent/Complainant

ORDER :

This Criminal Petition is filed praying this Court to enlarge the petitioner on bail who is arrayed as accused No.3 in Crime No.642 of 2025 of Shameerpet Police Station, Cyberabad Commissionerate. The offences alleged against the petitioner are punishable under Sections 8 (C) r/w. 20(b) (ii) (C), 27 (A) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').

2.

The brief facts of the case are that on 19.07.2025, on credible information that three persons were illegally possessing and transporting Ganja from Malkangiri, Odisha to Hyderabad for delivery to the customers near Rotary-II, Shamirpet, the S.I of Police, along with his staff proceeded to the said spot and at about 12.05 hours the police found three persons standing near Rotary-II with four rice bags on the roadside and apprehended them. On questioning them, they revealed their identities and stated that they went to Malkangiri, Odisha on 17.07.2025 to collect ganja packets and packed them into four rice bags. When the said bags were checked they found 41.7 kgs of Ganja, the same was seized under cover of panchanama and case was registered against the accused for the above offences. 3.

Heard Sri Suresh Singh, learned counsel appearing on behalf of the petitioner as well as Sri D. Arun Kumar, learned Additional Public Prosecutor appearing on behalf of the respondent - State.

4.

The contention of learned counsel for the petitioner is that the petitioner is innocent of the said allegations and he is in jail since 19.07.2025 and the seized contraband is 41.797 kgs of Ganja and the investigation is completed and no charge sheet is filed inspite of completion of 165 days and accused No.1 was

already granted bail by this Court on the same ground. Hence, 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 bail stating that the quantity involved is a huge commercial quantity and in view of rigor of Section 37 of NDPS Act, petitioner is not entitled for bail and prayed to dismiss this petition.

6.

Having regard to the submissions made and a perusal of the material on record, the petitioner herein is accused No.3 and he is in jail since 19.07.2025 and as seen from the record, the material part of the investigation is completed, whereas no charge sheet is filed even after completion of 165 days and there is no previous crime history against this petitioner. Considering the facts and circumstances of the case and also that the charge sheet is not filed, this Court finds it appropriate to grant bail to the petitioner/A.3 subject to the following conditions. i. The petitioner/A.3 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 VII Additional Judicial Magistrate of First Class, Cyberabad at Medchal.

ii. The petitioner/A.3 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/A.3 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: 30.12.2025 TU

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.17435 of 2025 Date: 30.12.2025 TU