Hon'ble High Court, as afhrmed by the Hon'ble Suprerne Court ir-r Dinesh Chaader v. State of Haryanal, has observed that where the investigation materials disclose a
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This Petition coming on for hearing upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri KASIREDDY MOHAN CHANDRA HAS, Advocate for the Petitioner and the Sri D.Arun Kumar, Additional Public Prosecutor on behalf of the Respondent State. The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF T]];ANGANA AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SI"ANA CRIMINAL PETITION No.1543O OF 20 ?5 O4th DAY OF DECEMBER 2025 Between: Shiva tr K.Shivaraj Petitior(./A.4 And The State of Telangana, Through SHO, P.S. Sangareddy, Sangareddy District, Rep., by Public Prosecutor, Iligh Court zrt Hyderabad for the State of Telangana. Responder t ORDER: This criminal petition is flled under Sr ( tion 482 of Bharatiya Nagarik Suraksha Sanhita, 2A.3 by the petitioner/A.4 seeking anticipatory bail in connc,: krn with FIR No.332 of 2025 of Sangareddy Town Police Statio I Sangareddy District- The offences alleged against the petitiori:r are under Sections 8(c) r/w.21(c),22(Cl, 27(Al, 25,29 of Ir: rcotic Drugs and Psl,chotropic Substances Act, 1985 (for shorr I DpS ActJ . 2
2. The facts of the case are that on 29 .O8.2O25 at about 15:05 hours, the Sub-lnspector of Police, Sangareddy Tor,"'n, received information about the illegal manufacturing of Alprazolam at a house in Ganesh Nagar, Sangareddy. He recorded thc information in the Generatr Diary, informed his superior officer, secured two mediators, ald proceeded to the scene of olfence at H.No.5- 1-9212 /gl Al l. A raid \ ras conducted, during which 270 grams of Alprazolam and other related materials u,ere seized under a confession-cum seizure panchanama. Accused No.1 confessed the offence, and both A. L and A.2 admitted their involvement, also naming A.3 and A-4 as co-accused, who ll.ere found to be absconding. Based on the panchanama, a case was registered ald as per the remand case dairy A.2 was found to have supplied raw materials for the illegal manufacture of Alprazolam. A.1 and A.2 were arrested on
30.08.2025 and remalded to judicial custody. Basing on the complaint, a case \\ras registered against the accused for the above offences.
3. Heard Sri Kasireddy Mohan Chandra Has, learned counsel for the petitioner and Sri D.Arun Kumar, learned Additional Public Prosecutor appearing for the respondent State.
4. The contentron of learned counsel for the pt t tioner is that petitioner herein is A.4 and he is innocent of the iaid offences. l Petitioner is falsely implicatecl in this case 1ri sing on the confession of co accused which is inadmissible ir, :vidence. No contrabernd ',r,a s seized from thc possession of 1 etitioner and there are no specific allegations against hi:r . The main allegations are against A. 1 and h.2. He further ; tbrnitted that petitioner undcrtakes to cooperate with the Lnvestigation. Hence, prayed this Court to grant anticipatorr bail to the petitioner-
5. On the other hand. learned Additional hrl; tc Prosecutor opposed the submissions made by the learned cr unsel for the petitioner stating that the allegations levelecl against the petitioner are serious in nature. That he has sup I rrted A. 1 and A.2 in commission of this offence. Further, the ir vestigation is not yet completed. At this stage, granting of prc. arrest bail to the petitioner does not arise. Therefore, he prayec the Court to dismiss the criminal perition.
6. In the light of the submissions made by bct r the learned counsel and a perusal of the material available c,r record, it is noted that the limited grievance of learned cc r nsel for the petitioner is that petitioner is falsely implicate 1 in the case 4 solely basing on the confession made by co-accused in whose possession contraband was seized and that petitioner is no way concerned with the alleged offences punishable under NDpS Act,:rs no contraband was seized from his possession, whereas, it is the specific stand of learned Additional Frblic Prosecutor that petitioner is actively involved with other accused in his illegal activities.
7. At this stage, it is pertinent to note that in cases arising under the NDPS Act, the Court is required to exercise great caution while considering a prayer for anticipatory bail, keeping in view the nature of allegations, gravit5r of offence, and the necessity of custodial interrogation for a fair 'and effective .i:' investigation. The Hon'ble High Court, as afhrmed by the Hon'ble Suprerne Court ir-r Dinesh Chaader v. State of Haryanal, has observed that where the investigation materials disclose a prina fctcie link of the accused with the alleged offence, such as his involvement being reflected from statements of co-accused, electronic communication, or financial transactions, grant of pre-arrest protection would seriously hamper the process of investigation. The setfled position of law is that anticipatory bail is not to be granted as a matter of routine or on mere assertion of innocence, particularly when the I SLP (Crt.) No. 954O of 2025 5 invcstigation is at a nascent stage and the rol,r of petilioner i requires thorough examination. In such circu-r stances, the Court may rightly decline to extend the discreti -r )ary relief of anticipatory bail, leaving it open to the accusec trr surrender bcfore the jurisdictional Court and seek reguli.r bai1, which shall be considered on its own merits and in aci ri-dance u,ith la n,-
8. closed To, In view thereof, this criminal petition is disn r ;sed Miscellaneous petitions, il any, pending shall stand SD/- A MEI SII; ABDULLA KHAN 'ANT REGISTRAR ,^ "/ I/TRUE COPY// \rrECTtoNoFFtcER g4r The Additional JudictFirst Class Magistrate at Sangared(l 2. The Station House Officer, Sangareddy Town Police Sta i 'n' Sangareddy District. Two CCs to the Public Prosecutor, High Court for the Stirl ) of Telangana at Hyderabad [OUT] One CC to SRI KASIREDDY MOHAN CHANDRA HAS r dvocate [OPUC] Two CD CoPies 3 4 5 NVB,/PSL Vr< HIGH COURT DATED:0411212025 ORDER CRLP.No.15430 of 2025 I i \) t o t r,E S rA / Jili 2026 :,sDATckl t z 6)J, t DISMISSING THE CRIMINAL PETITION L"S"\ S.w