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Judgment
This Criminal Petition is filed seeking the Court to enlarge the petitioners on bail, who are arrayed as A1 and A’/2 in F.I.R.No.650 of 2026 of Shamirpet Police Station, Malkajgiri Commissionerate, registered for the offences punishable under Sections 8(c) r/w 17(b) and 29(1) of the NDPS Act, 1985.
The brief facts of the case are that, on 13.09.2026, on receipt of credible information, the de-facto complainant immediately conducted inspection, found the petitioners herein in possession of 50 grams of Opium, seized the contraband and a case was registered against them for the above said offences.
Heard Sri P. Vikas Raj Kumar, learned counsel appearing on behalf of the petitioners as well as Sri D. Arun Kumar, learned Additional Public Prosecutor appearing for the respondent-State.
Learned counsel for the petitioners submitted that the petitioners are innocent of the said allegations and they are falsely implicated in this case and they are in jail since 13.09.2026 and the seized contraband is 50 grams of Opium, which is an intermediate quantity and the material part of the investigation is already completed. He further submitted that the custodial interrogation of the petitioners is not required for further investigation, therefore, prayed the Court to grant bail to the petitioners by allowing this criminal petition.
On the other hand, learned Additional Public Prosecutor submitted that the seized contraband is an intermediate quantity and that there are no other cases pending against the petitioners.
In the light of the submissions made by both the learned counsel and upon perusal of the material available on record, it appears that the petitioners herein are in jail from 13.09.2026 and the seized contraband is 50 grams of Opium, which is an intermediate quantity. Further, there are no other cases pending against the petitioners. As seen from the remand case diary, the prosecution witnesses, LWs 1 to 12 have already been examined. Considering the facts and circumstances of the case, the nature of the allegations, the stage of investigation, the duration of incarceration and the seized contraband, this Court finds it appropriate to grant bail to the petitioners, subject to the following conditions:
The petitioners-A1 and A2 shall execute a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, with two local sureties for a like sum each to the satisfaction of the learned I Additional District and Sessions Judge, Medchal-Malkajgiri District, at Kushaiguda.
The petitioners-A1 and A2 shall appear before the concerned SHO between 10:00 a.m. and 5:00 p.m., on every Sunday for a period of eight (8) weeks or till filing of charge sheet whichever is earlier, for the purpose of investigation and thereafter, as and when required.
The petitioners-A1 and A2 shall abide by the conditions stipulated in Section 437(3) of Cr.P.C. (presently, Section 480(3) of the BNSS).
The petitionera-A1 and A2 shall not directly or indirectly influence, threaten, or induce any of the prosecution witnesses.
In the event of violation of any of the above conditions, the prosecution is at liberty to file an application for cancellation of bail.
Accordingly, the Criminal petition is allowed. Miscellaneous applications, if any pending, shall stand closed.