The High Court · 2025

The State of Telangana,, Rep. by Public Prosecutor, High Court at Hyderabad, Through P.S Mailardevpally, Ranga Reddy Dist. ...Petitioner/Accused No.6 ...RespondenUComplainant Petition under Section 480 & 483 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant bail to the petitioner in connection of the SC NDPS.No.'172 of 2025 registered at the PS Mailardevpally, Ranga Reddy District in the plotection and interest of justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Srt tvld. Faseehuddin Advocate for the Petitioner and Sri D.Arun Kumar, Additional Public Prosecutor on behalf of the Respondent. The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE ITONOURABLE SIIT. JUSTICE K. SUJANA CRIMINAL PETITION No.16496 of2o25 DATE:22.t2.2O25 BETWEEN: Shrrh Waji<l Ali ,labir . .. .. petitioner/ accused No.6 And The State of Telangana, Rpp. by Public Prosccutor, High Court for the State of Telangana, at Hyderabad. ... .. Respondent/complainant ORDER This Criminal Petition is filed under Sectiot 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of pre-arrest bail to the petitioner, who is arrayed as accusc-d No.6 in S.C.NDPS.No. 172 of 2025 on the file of the 2 SKS, J Crl.P.No.16496 of 2025 learned XIII Additional District Judge, Ranga Reddy District at L.B. Nagar, registered for the olfence punishable under Sections B(c),22(cl,27,27-A and 29 of the NDPS Act.

2. The brief facts of the case are that on 27.O7.2024, based on a suo motu complaint and prior information, the police of Mailardevpally Police Station conducted a raid at a premises in Friends Colony, Hyderabad, and allegedly seized 90 grams of MDMA, treating it as commercial quantity, and arrested accused Nos. I to 4. On the basis of the allcged confessional statements of the co-accused, the petitioner was arrayed as accused No.6 and charge-sheeted for the offences under Sections 8(cl, 22(cl, 27, 27-A ar:Ld 29 of the NDPS Act. The iarlier bail petition filed by the petitioner was dismissed on the ground that the quantity involved was commercial and the investigation was then incompleted, though subsequently the police completed the investigation and hled the charge sheet.

3. Heard Sri Mohd Faseehuddin, 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. 3 SI(s, J Crl.P.No.l6496 of2025 4 . Leerrned coun sel for the petitioner submitted that the petitioner rvas falsely implicated only on the basis of the confcssional statl'mcnts of co-accused and that no recovery nas madc from lrirn rlor u,as any specific overt act attributed [o him and that the investigation was already completed, the charge sheet l-rad been tiled, similarly placed co-accused were already cnlarged rin bail, and there was no possibility of the petitioner absconding or tampering with evidence. Therefore, he prayecl thc Court to grant pre-arrest bail to the petitioner by allowing this Criminal Petition.

5. On the otht'r hand, learned Additional Public Prosecutor opposed the subrnissions made by the learned counsel for the pe[itioner st ating that the petitioner is a drug peddler. Further, therc arc allegations against the petitioner Hence, he pral,ed the Colrrt to dismiss the criminal petitior-r.

6. ln the tight of the submissions made by both the learned counsel and a perusal of the material available on record, it is noted that the limited grievance of learned counsel for the petitioner is that the petitioner was falsely implicated in the casc and that petitioner is no way concerned with the alleged offence punishable under NDPS Act, as no contraband 4 SKS, J Crl.P.No.16496 of 2025 was seized from his possession, whereas, it is the specific stand of learned Additional Public Prosecutor that petitioner is actively involved with other accused in their illegal activitics. 7 . At thrs stage, it is pertinent to note that in cases arising under the NDPS Act, the Court is required to exercisc great caution while considering a prayer for anticipatory bail, kccping in view the nature of allegations, gravity of the offence, and the necessity of custodial interrogation for a fair and cffective investigation. The Hon'ble High Court, as affirmcd by the Hon'ble Suprcme Court in Dinesh Chander v. State of Har5ranar, has observed that where the 'investigation materials disclose a prima facie link of the accused with the hlleged offence, such as his involvement being reflected from statements of co-accused, electronic communication, or financial transactions, the grant of pre-arrest protection would seriously hamper the process of investigation. The settled 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 investigation is at a nascent stage and the role of the petitioner requires thorough examination. ln 'sle 1c4.1 No.9540 of 2o2s 5 sKs, J Crl.P.No.l6496 of 2025 such circumstances, the Court may rightly decline to extend the discretiorrary rclief of anticipatory bail, leaving it open to the accusecl tt> sirrlu-nder before the jurisdictional Court and scek regular bail, ri'hich shall be considered on its own merits and in accordance,'vith law.

8. In vicu, therr:ol-, this criminal petition is dismissed. Miscr:llancoLrs appHcations, if anv pending, shall stand ciose<l SD/. M. OSMAN ALI BAIG ASSISTANT REGIS \tr---- SECTION OFFICER //TRUE COPY// To,

1. The Xllth Additional lt/etropolitan Magistrate. 2- The Station House Officer, I\rlailardevpally Police Station, Cyberabad. 3. One CC to Sri Md Faseehuddin Advocate IOPUCI 4. Two CCs to the Public Prosecutor, High Court for the state of Telangana, at Hyderabad [OUT] $. Two CD Copies Sr s/l'S [. JW 1 HIGH COURT DATED:2211212025 .l ,,i il:1{ i_) 2 B JAt{ 2026 * il ir,\* +)' :'. ORDER CRLP.No.16496 ot 2025 I I DISMISSING THE CRLP @ t e\