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Judgment
This Criminal Petition is filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) praying this Court to enlarge the petitioner, who is arrayed as accused No.1, on bail in connection with FIR No.1282 of 2026 of Madhapur Police Station, Cyberabad District, registered for the offences punishable under Section 8(c) read with 20(b), 27 of the of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS Act’).
Heard Ms.Hajera Arshad, learned counsel representing Mr.Mohammed Abdul Wahab, learned counsel for the petitioner-accused No.1, appearing on-line and Sri D. Arun Kumar, learned Additional Public Prosecutor appearing for the respondent–State.
The brief facts of the case are that on 23.08.2026, upon the receipt of credible information, the police allegedly apprehended the petitioner near Inorbit Mall Junction, Madhapur and recovered about 7.02 grams of MDMA from his possession. It is further alleged that the petitioner procured the contraband for sale and also consumed MDMA. Basing on the said facts, the present crime is registered against the petitioner.
Learned counsel for the petitioner submits that the petitioner is innocent and falsely implicated in the present crime. She further states that the alleged recovery and seizure are the matters to be proved during the trial and that the alleged quantity includes the weight of the zip-lock covers. She further contends that the statement recorded under Section 67 of the NDPS Act is inadmissible in evidence. She further states that the petitioner has no criminal antecedents and the petitioner has been in judicial custody since 24.08.2026. Therefore, she seeks to enlarge the petitioner on bail.
Learned Additional Public Prosecutor opposes for grant of bail and prayed to dismiss the Criminal Petition.
Petitioner – accused No.1 has filed Crl.M.P.No.1441 of 2026 in Crime No.1282 of 2026 before the learned I Additional District & Sessions Judge, Ranga Reddy District for grant of bail and the same came to be dismissed vide order, dated 16.09.2026.
Petitioner – accused No.1 was arrested on 24.08.2026 and remanded to judicial custody and contraband which is seized from the possession of the petitioner is only 7.02 gms of MDMA which is an intermediate quantity.
Having regard to the facts and circumstances of the case and since the petitioner is in jail from 24.08.2026 and major portion of the investigation is completed, detaining the petitioner-accused No.1 further in judicial custody will not serve any purpose. Accordingly, this Court is of the view that the petitioner – accused No.1 is entitled for grant of bail, subject to the following conditions:
The petitioner – accused No.1 shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties for a like sum each to the satisfaction of the learned I Additional District & Sessions Judge, Ranga Reddy District, at L.B. Nagar.
The petitioner – accused No.1 shall appear before the concerned SHO between 11:00 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 petitioner – accused No.1 shall abide by the conditions stipulated in Section 437(3) of Cr.P.C. (presently, Section 480(3) of the BNSS).
The petitioner - accused No.1 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, this Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.