The High Court · 2025

The State of Telangana, Rep by its Public Prosecutor, High Court For the State of Telangana at Hyderabad Through Prohibition and Excise Station, Shamshabad Police, Ranga Reddy District ...RESPON DENT/COMPLAINANTS Petition under Section 482 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant anticipatory bait to the Petitioner/Accused No.2 in the event of his arrest by the Prohibition & Excise lnspector/Station House Officer, Prohibition and Excise Station, Shamshabad, Ranga Reddy District, in connection with C.O.R. No.61 of 2025, dated 09.05.2025, registered for the offences punishable under Section 8(c) read with Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and direct that in the event of such arrest, the Petitioner/Accused No.2 be released on bail, subject to such terms and conditions as this Hon'ble Court may deem fit and proper, And pass such other order or orders as this Hon'ble Court may deem just and proper in the circumstances of the case and in the interest of justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing thb arguments of Sri G ANIL KIRAN KUMAR, Advocate for the Petitioner and Smt. Shalini Saxena, the Assistant Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Court made the following: ORDER ,., r. THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No. L3442 of 2o25 ORDER: This Oriminal Petition is filed under Sectiorr 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSSJ for grant of prr:-arrest bail to the petitioner, who is arrayed as accused No.2 in coR No.61 0f 2025 0f Prohibition and Excise Police Station, Shamshabad, Ranga Reddy District'

2. The brief facts of the case are that on 09.05.2025, at about lo:2i> PM, the Prohibition and Excise officials, acting on credible information, conducted a search aL H'No'3-4- lO3/ 1 /C11, Radhakrishna Nagar Colony' Attapur' Rajendran€Lgar, Ranga Reddy District, and seized 613 grams of Alprazolarrr from the possession of Accused Nrl.l - During interrogation, Accused No.1 allegedly stated that the contraband had been supplied by ttre Petitioner/Accused No.2, Gundumalia Venkataiah Goud, for sale in various districts'

3. Heard sri G. Anil Kiran Kumar, learned coutrsel appearing on behall' of the petitioner as well as Smt. Shatini Saxena, 2 SKS'J Crl.P.No. 132142 of 2ol25 learned Assistant Public Prosecutor appearing on behalf of the respondent - State.

4. Learned counsel submitted that the petitioner was falsely implicated solely on the basis of the confession of Accused No- 1, which is inadmissible under Section 67 of the NDPS Act as held in Tofan Singh v. State of Tamil Nadu. He further submitted that no contraband was recovered from the petitioner, no direct evidence connected him with the alleged offence, and the rigor of Section 37 NDPS Act did not apply. The counsel further argued that the co-accused had already been granted bail and the material part of the investigation was already completed. Therefore, he prayed the Court to grant pre-arrest bail to the petitioner by allowing this criminal petition.

5. On the other hand, learned Assistant Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that the petitioner is drug peddler. He further submitted that the investigation is in progress and if the petitioner is released on bail, at this stage, he may tamper with the evidence and may threaten the witnesses. Hence, she prayed the Court to dismiss the criminal petition- / / 3 SKS'J Crl.P.No.13442 of 2o25

6. Having regard to the rival submissions and upon perusal of the material placed on record, it is noted that the limited grievance of the learned counsel for the petitioner is that the petitioner has been falsely implicated in the case solely on the basis of the confession made by the co-accused, from whose possession l-he contraband was seized. It is contended that no contraband rvas recovered from the possession of the petitioner and that he is in no way connected with the offence punishable under Sections 8(c) read with 20(c) of the NDPS Acl.. On the other hand. it is the specific contention of the learned Additional Public Prost:cutor that the petitioner is actively involved along with the other accused in illegal activities, that the quantity o[ contrabancl involved in the present crime is of commercial quantity, i.e., 613 grams of Alprazolam, and that there are other criminal ca:ies pending against the petitioner.

7. Furttrer, learned counsel for the petitioner placed reliance upon the judgment of the Hon'ble Supreme Court in Lal Kamelendra Pratap Singh v. State of Uttar Pradesh and others, ,*,herein the Honble Supreme Court granted time to the appellant to appear before the trial court and to file an application for bail, directing that if such an appli(:ation is filed, 4 sKs,J Crl-P-f,o-13442 of 2o23 the trial Court shall consider the same on its own merits in accordance with law and, if deemed fit, grant interim bail.

8. [n view of the same, the petitioner is granted liberty to approach the trial Court by filing a surrender application and to seek regular bail. If such an application is filed, the trial Court shall consider and dispose of the same in accordance with law and on its own merits, as expeditiously as possible.

9. With the above direction, this Criminal Petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. SD/. P. PONNA KRISHNA ASSISTANT REGISTRARa SECTION OFFICER //TRUE COPY/' I I I t I i J I : To, Excise Station, Shamshabad, Ranga lSO.9y

1. The special Judicial Magistrate of First class (Excise)' at L-B \?.g.?.t' 2. The Prohibition & Excise lnspector/station House officer, Prohibition and 3. Two ccs to the Fuglrc pRosEcdioR, High court at Hyderabad. (oUT) 4. one cc to sRi C nuL KTRAN KUMAR Advocate [oPUC] 5. Two CD CoPies District' TPK/SA M, / HIGH COURT DATED:1 111112025 S o.J 'l i1 l, I'i il\l 2$25 * -.(.! -.......: .t., -'ti iz_t-]...,..' ORDER CRLP.No.13442 of 2025 CRIMINAL PETITION IS DISPOSED OF yX \\ ]a