The High Court · 2025

Petition under Section 528 of B.N.S.S. praying that in the circumstances stated in the lrlemorandum of Grounds of criminal petition, the High court may be pleased to quash the Order dated 04/ 12t 2024, Granted perm-ission by the Learned Magistrate, to investigate, on the requisilion of police agency, that is station House officer of P.S Janagoan, warangal District conseq uentially, Leading to F.l.R No. No. 712 of 2024, issued for the offence, punishable Under the Head of section 351(2) of BNS Act, registered on the file of station House officer of P.S Janagoan, Warangal District. l.A. NO:2OF 2025 Petition under Section 528 of B.N_S.S praying that in the circumstances stated in the Memorandum of Grounds of Criminal petition, the High Court may be pleased to stay, all the Proceedings, including the arrest of the petitionei/ accused No.2, F.l.R No. No. 712 of 2024, on the file of station House officer of P.S Janagoan Warangal District issued for the offence, punishable under the Head of section 351(2) of BNS Act,registered. This Petition coming on for hearing, upon perusing t le Memorandum of Grounds of Criminal Petition and upon hearing the argumo ts of Sri lvl Rathan Singh ,Advocate for the Petitioner and Sri Jithender Fli o Veeramalla, the Additional Public Prosecutor on behalf of the Respondent ,lo. 1 and Sri Bethi Venkateshwarlu, Advocate for the Respondent No 2 The Court made the following: ORDER THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.1 1O ot 2025 ORDER: When the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that the charge sheet has already been filed in this case, and the same has been numbered as C.C.No.576 of 2025 before the Principal Junior Civil Judge, Jangaon. He further submitted a copy of the e-Court status, which discloses that the matter was compromised before the Lok Adalat on 29.09.2025. Hence, the petition has become infructuous. 2. Accordingly, the Criminal Petition is dismissed as infructous. Pending miscellaneous applications, if any, shall stand closed. Sd/. AHMED ABDULLA KHAN TANT REGISTRAR AS //TRUE COPY// SECTION OFFICER To,

1. The Station House Officer, Jangoan Police Station, Warangal. 2. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad.(OUT)

3. One CC to Sri lvl Rathan Singh, Advocate IOPUC] 4. Sri One CC to Bethi Venkateshwarlu, Advocate [OPUC] 5- Two CD Copies Sa/PR(v HIGH COURT DATED:0411112025 ORDER CRLP.No.110 of 2025 . ,r,r,, aj\i\,. 1 [it'&fi :; ,5 \ \\ ) t. .a t ) t. ., (-..,-!:: i.,-, DISMISSING THE CRLP AS INFRUCTUII US 4, {) .oe\"t v.- d6" IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITI ON NO: 14158OF 2o2s Between: Chakali Jagadish Kumar @ Maskurolla Jaqadish @ Jaqqu. S/o. Chakali Naoesh Aged 27_ years. Occ. Private Employee, Ryo. H. No.6-90-Askok Nagar, Snailtjr Nagar, Bhavanipuram, Sangareddy District N/o Ameenpur, OuntS-fia[ati 1V) Narayankhed. - ... Petitioner/Accused-A-6 AND The- State of Judicature of Hyderabad at Telangana Statil. Telangana State,, Rep. by its public prosecutor, High Court of _ ... Responde nUCo m pla ina nt Petition under Section 528 of B.N.S.S. praying that in the circumstances stated in the Memorandum of Grounds of Criminal petition, the High Court may be pleased to release the petitioners on bail in on Cr. No 836t2023, KpHB police station Medchal Malkajgrri District U/s 8@ read with 22(b)U/s 27 NDpS Act 1985 . This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Ravuri Sai Sumanth, Advocate for the Petitioner and Sri D.Arun Kumar, Additional public Prosecutor on behalf of the Respondent No.1 . The Court made the following: ORDER THE HONOURABLE SMT. JUSTICE K. SUJII tA CRIMINAL PETITION No.14158 of2O2f, ORDER: This Criminal Petition is hled seeking the Court to enlarge the petitioner, on bail, who is arrayed as ac,; rsed No.6 in Crime No.836 of 2023 of KPHB Colonv Polirr Station, Cyberabad Commissionerate.

2. The brief facts of the casc are that on 19.0!1. to23, the Sub-Inspector of Police, KPHB Police Station, receiv: I credible information that certain persons were selling MDMI. rt GHMC Park, opposite Vertex Block, KPHB Colony. Basi : 3 on the information, the police, along',r.ith mediators, procc( )( ed to the spot, apprehended four suspects, and scized 20 3rams of MDMA (5 grams each) and five mobile phones r om their possession.

3. Heard Sri Ravuri Sai Sumanth, Iearnerl counsel appearing on behalf of the petitioner as well as Sli D. Arun Kumar, learned Additional Public Prosecutor apJ ( aring on behalf of the respondent - State. l I I I -qa .t*-vl 2 SKS'J Crl-P-l{o.1415a of 2025

4. Learned counsel for the petitioner submitted that the petitioner, arrayed as accused No.6, was falsely implicated in the case and that no con[raband was recovered from the petitioner, and his arrest on 13.08.2025 was solely based on the confessional statement of accused No'2, which is inadmissible under Section 67 of the NDPS Act as held in Tofan Singh v. State of Tamil Nadul He further submitted that thc atleged involvemcnt pertains only to 5 grams o[ MDMA, which constitutes a non-commercial quantity The petitioner had been in custody for over 77 days' the investigation u'as substanlially completed' 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 pe[itioner stating that the petitioner is a drug peddler' He furtherSubmittedthatthcinvestigationisinprogressandif thepetitionerisreleasedonbail,atthisstage'hemaytamper with the evidence and may threaten the witnesses' Hence' he prayed the Court to dismiss the criminal petition' ' (zozo) s scc r 3 SKS,J Crl-P.N,,. 4158 of 2025

6. This Court, considering submissions made ; ' both the learned counsel and reviewing the material a u rilable on record, it is noted that the contention of the petitio - -'r that the case is false, fictitious, and fabncated, the case uI: I registcred without tollowing the due procedure. However, th: Adclitional Public Prosecutor opposes bail citing commerc ii I quantity u,eighing 2O grams of MDMA. At this stage, it is I ertinent to notc Section 37 of the NDPS Act, which reads as ur dcr '37. Offences to be cognizable and non bzrilz t e. -- (l) Notwithstanding anything containod in ,rc Code of Criminal Procedure, 1973 (2 ot 1971). a) every offence punishable under this Act slrirl be cognizable; (b) no person accused of an offence punishabl, ior 1[offences under section 19 or section 24 or ser 1 on 27A and also for offences involving comnrt.r ial quantity] shall be released on bail or on his r.rn bond unless-- (i) the Public opportunity to Prosecutor oppose the has been given an application for ; rr:h release, and (ii) where the Public Prosecutor opposes application, the court is satisfied that ther, reasonable grounds for believing that he i: guilty of such offence and that he is not lik( I commit any offence while on bail. :1re 4 SKS,J Crl.P.I{o.1415t of2025 -s - (2) The Iimitations on granting of bail specified in clause (b) of sub-section {1) are in addition to the limitations under the Code of Criminal Procedure, 1-97 3 12 of 19741 or any other law for the time being in force on granting of bail.'

7. ln view thereof, Section 37 of the NDPS Act mandates that offences involving commercial quantities be non-bailable, requiring reasonable grounds to believe the accused is not guilty and unlikety to commit further offences while on bail. Given the serious allegations against the petitioner, this Court is not satished that conditions for granting bail under Section 37 are met. Therefore, the criminal petition lacks merit and the same is Iiable to be dismisscd.

8. Accordingly, this Criminal Petition is dismissed Miscellaneous applications, if any pending, shall stand closed S A.S REENIVASA REDDY SI STANT REGISTRAR //TRUE COPY// SECTION OFFICER To I 2 J The lV Additional Junior Civil Judge-cum-XV Additional rr,irii.it"t", kuxatpallv, Cvberabad The Station House Officer, KPHB Police Station' Hyderabad' One CC to Sri. Ravuri Sai Sumanth' Advocate [OPUC] Two CCs to Public Prosecutor' High Court for the State of Telangana [OUTI MekoPolitan 4 5. Two CD Copies YJR /PR fi. HIGH COURT DATED:1411112025 ORDER CRLP.No.I41SB of 2O2S , 5 0E[ 21fr t' ---3 '' ti t DISMISSING OF THE CRIMINAL PETITTC) {. p:gd ;@