Mir Rashid Ali 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.17826 of 2025 DATE: 05.01.2026 Between:
Mir Rashid Ali .... Petitioner/Accused No.3 AND The State of Telangana, Rep. by Public Prosecutor, High Court for the State of Telangana, Hyderabad.
.... Respondent/Complainant
O R D E R
This criminal petition is filed under Sections 480 & 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioner/A.3 seeking enlargement on bail in connection with Crime No.289 of 2025 of Asif Nagar Police Station, Hyderabad. The offences alleged against the petitioner are under Section 8(c) read with 20(b)(ii)(B), 27-A and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').
.
2.
The brief facts of the case are that on 07.11.2025, on reliable information, the de-facto complainant conducted an inspection in presence of the mediators and found accused Nos.1 to 3 in possession of contraband and seized 2.5 Kilograms of dry ganja. Basing on the same, a criminal case was registered against the accused for the alleged offences.
3.
Heard Sri Mohd. Muzafer Ullah Khan, 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.
Learned counsel for the petitioner submitted that the petitioner is innocent of the allegations and has been in judicial custody since 08.11.2025 and that the contraband allegedly seized from the possession of the petitioner is only 500 grams of ganja, which falls under the category of intermediate quantity and the material part of investigation is already completed and further detention of the petitioner is unwarranted. Therefore, 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 the submissions made by the learned counsel for the
petitioner, contending that although the seized contraband falls under the category of intermediate quantity, the investigation is still ongoing and has not yet been completed. He further submitted that another case under Section 302 of IPC is pending against the petitioner. Therefore, granting bail to the petitioner at this stage does not arise.
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., 2.5 kgs of dry ganja, falls under the category of intermediate quantity. The petitioner has been in judicial custody since 08.11.2025, and a substantial portion of the investigation has already been completed. Though the petitioner is involved in another case, it is not related to the provisions of the NDPS Act. In view of these circumstances, this Court deems it fit to grant bail to the petitioner, subject to the following conditions: i.
The petitioner 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 I Additional Chief Judicial Magistrate, Hyderabad.
ii.
The petitioner 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 petitioner 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: 05.01.2026 SS
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.17826 of 2025 Date: 05.01.2026 SS