Nade Birju v. The State of Telangana

High Court for the State of Telangana, 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 Crime No.148 of 2025 of Prohibition and Excise Police 2 SKS,J Crl.P.No.914 of 2026 Station, Samshabad, Hyderabad, registered for the offence punishable under Sections 8(c) read with 22(c) of NDPS Act.

The case of the prosecution was that on 29.08.2025, at about 12:58 P.M., the P & E Sub-Inspector of Excise Police Station, Shamshabad, along with his staff, conducted a raid at Room No.08, Block-A, Vambay Colony, Upperpally, Rajendranagar, R.R. District, based on credible information. During the search, the officers found seven boxes containing a total of 2010 Nitrazepam tablets (10 mg each) weighing about

1143.6 grams.

Heard Sri K. Sunil Chowdary, 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.

Learned counsel for the petitioner submitted that the petitioner had no knowledge of the tablets found in the house, as the premises did not belong to him but to a friend of the co- accused. He further submitted that the contraband was seized from the house and not from the personal possession of the petitioner. He contended that the seized substance was a Schedule H pharmaceutical drug under the Drugs and 3 SKS,J Crl.P.No.914 of 2026 Cosmetics Act, 1940, with a minimal content of Nitrazepam (only 10 mg per tablet), totaling about 20.1 grams, which did not justify prosecution under the NDPS Act. He further submitted that the petitioner is in jail since 29.08.2025. Therefore, he prayed the Court to grant bail to the petitioner by allowing this criminal petition.

In the light of the submissions made by both the learned counsel and a perusal of the material available on record, it appears that the petitioner jail since

29.08.2025. As seen from the record, the material part of the investigation has been completed. Considering the facts and circumstances of the case and the incarceration period of the petitioner, this Court deems it fit to grant bail to the petitioner, subject to the following conditions: 4 SKS,J Crl.P.No.914 of 2026 i. The petitioner shall execute a personal for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties for a like sum each to the satisfaction of the learned Special Judicial Magistrate of First Class-cum-V Metropolitan Magistrate at L.B. Nagar, Ranga Reddy District. 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).

Accordingly, the Criminal petition is allowed. Miscellaneous applications, if any pending, shall stand closed. Date: 04.02.2026 SAI _______________ K. SUJANA, J 5 SKS,J Crl.P.No.914 of 2026 THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.914 of 2026 Date: 04.02.2026 SAI