Devidas Rathod Devidas vs. The State Of Telangana

THE HONONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.4174 of 2025 ORDER:

This Criminal Petition is filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to, as 'BNSS') seeking bail to the petitioner/accused No.7 in COR.No.89 of 2020 of Zaheerabad Police Station, Sangareddy, registered for the offences under Section 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act').

2. Heard Mr.R.Sai Sumanth, learned counsel representing Mr.Medisiratna Rao, learned counsel for the petitioner, and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent – State.

3. The brief facts of the case are that on 13.09.2020, at about 12:30 hours, on receipt of credible information, the AC Enforcement Team conducted route watch in front of Pariwar Dhaba, Zaheerabad and detected a case of illegal transportation on dry ganja in lorry bearing No.MH 12 LT 9727 and seized 600 kgs of dry ganja. Basing on the same, COR No.89 of 2020 was registered.

4. Learned counsel for the petitioner submitted that the petitioner has not committed the offence and he was falsely implicated in the above crime and contraband was seized from the possession of the other accused. He further submitted that the Police without following the mandatory procedure prescribed under Section 52 of the NDPS Act, arrested the petitioners and seized the material. He further submitted that the petitioner was arrested on 06.02.2025 and since then he has been in judicial custody and accused Nos.1 to 5 in the said crime were already released on bail. He further submitted that the investigation is completed and charge sheet is also filed and the petitioner shall abide by the conditions, which are going to be imposed by this Court, and he is ready to cooperative with the investigation. Hence, the petitioner may be enlarged on bail.

5. Per contra, learned Additional Public Prosecutor opposed the same. He submitted that the contraband i.e., dry ganja, that was seized is 600 kgs. which is commercial quantity and the investigation is not yet completed. Hence, at this stage, the petitioner is not entitled for grant of bail.

6. Having considered the rival submissions made by respective parties and after perusal of the material available on record, it reveals that petitioner was arrested on 06.02.2025 and since then he is in judicial custody and no criminal antecedents are reported against the petitioner and accused Nos.1 to 5 in the said crime were already released on bail.

7. Taking into consideration the said facts, this Court is inclined to grant bail to the petitioner/accused No.7 subject to the following conditions.

• (i) The petitioner/accused No.7 shall be released on bail on executing a personal bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of the I Additional District and Sessions Judge, Sanga Reddy District.

• (ii) The petitioner/accused No.7 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.7 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C., presently Section 480(3) of BNSS.

• (iv) After release, if the petitioner/accused No.7 is involved in similar offence, the bail granted by this Court shall be cancelled.

• 8. Accordingly, the Criminal Petition is allowed.

Miscellaneous applications, pending if any, shall stand closed.

_____________________ J. SREENIVAS RAO, J

Date: 01.04.2025 vsl