CRLP/16506/2026 of Niranjan Bisoi @ Landa Vs The State of Telangana on 16 October 2026

O R D E R

1. This Criminal Petition is filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) praying this Court to enlarge the petitioners- A3 to A5 on bail in connection with Crime No.169 of 2023 of Bhadrachalam Town Police Station, Bhadradri Kothagudem District. The offence alleged against the petitioners-A3 to A5 is punishable under Section 8 (c) read with Section 20 (b) Narcotic Drugs Psychotropic Substance Act, 1985 (for short, ‘NDPS Act’).

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2. Heard Sri B.Bhagath Sain, learned counsel for petitioners-A3 to A5 and Sri D. Arun Kumar, learned Additional Public Prosecutor for respondent - State.

3. Learned counsel for the petitioners submits that petitioners- A3 to A5 were not apprehended at the scene of offence on 29.05.2023 and no contraband whatsoever is recovered from their possession. The entire contraband of 485 Kgs., of alleged ganja is recovered from the Tractor in which A1 and A2 were travelling. The alleged occurrence is on 29.05.2023 whereas the petitioners –A3 to A5 were apprehended on 26.07.2026 after more than three years. Testimony of PW2 in SC NDPS No.63 of 2023, who is the panch for alleged confession–cum-seizure panchanama categorically admitted that A1 and A2 did not disclose the involvement of any other person. Petitioners-A3 to A5 were arrested and remanded to judicial custody on 27.07.2026, since then they are in jail. Counsel in support of his contention has relied on the decisions in the cases of (1) Vijay Pal Singh v. State of Haryana1, (2) B. Balakrishna v. State of Andhra Pradesh represented by its public prosecutor2

(3) Anirudh Agarwal and another v. State of Telangana and another3.

1 Indian Kanoon-http://indiankanoon.org/doc/1294566.29 2 2025 SCC OnLine AP 3040 3 Indian Kanoon-http://indiankanoon.org/doc/37473147/

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4. Learned Additional Public Prosecutor submits that the role played by the petitioners - A3 to A5 is clearly depicted in the remand case diary.

5. P. Srikanth, Sub-Inspector of Police, Bhadrachalam Town lodged a report before P.S Bhadrachalam on 29.05.2023. It is stated in the complaint that he along with his staff while conducting vehicle check, apprehended A1 and A2 while they were transporting the ganja in tractor bearing No.OD 30 E 4097 and seized 485 Kgs., of ganja from them in the presence of mediators and on interrogation they confessed that they along with A3 to A8 formed a group and illegally cultivating the ganja in their fields and transported the same to Karimnagar for higher price. Basing on the said complaint, FIR came to be registered.

6. A1 and A2 were already arrested and they were tried in SC NDPS No. 63 of 2023 before learned Sessions Court, after full trial they were convicted for the offences they were charged with vide Judgment dated 06.8.2024.

7. Petitioners- A3 to A5 are arrested and remanded to judicial custody on 27.07.2026 after 3 years of lodging the complaint.

8. PW2 D.Pullaiah who acted as one of the panch for the confession-cum-seizure proceedings, he stated in his cross- examination that accused Nos.1 and 2 has not disclosed the

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involvement of any other person, they did not confess to whom they are going to hand over the ganja at Karimnagar.

9. Petitioners - A3 to A5 are solely arrested basing on the alleged confessional statements of A1 and A2, as such Vijay Pal1 Singh, B. Balakrishna2 and Anirudh Agrawal3 decisions are squarely applicable to the case on hand.

10. This court is conscious of the fact that petitioners - A3 to A5 are from Odisha, if local sureties are ordered will meet the ends of justice. Therefore, the petitioners –A3 to A5 are entitled to be enlarged on bail subject to following conditions:

i) The petitioners- A3 to A5 shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two local sureties for a like sum each to the satisfaction of learned Judicial Magistrate of First Class, Bhadrachalam.

ii) The petitioners-A3 to A5 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.

iii) The petitioners-A3 to A5 shall abide by the conditions stipulated in Section 437(3) of Cr.P.C. (presently, Section 480(3) of the BNSS).

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iv) The petitioners-A3 to A5 shall not directly or indirectly influence, threaten, or induce any of the prosecution witnesses.

v) In the event of violation of any of the above conditions, the prosecution is at liberty to file an application for cancellation of bail.

11. Accordingly, this Criminal Petition is allowed.

Miscellaneous applications, if any pending, shall stand closed.

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B.R.MADHUSUDHAN RAO, J Date: 16.10.2026. YVL

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THE HON’BLE SRI JUSTICE B.R.MADHUSUDHAN RAO

CRIMINAL PETITION No. 16506 of 2026

(C.N.R No. HBHC010694832026)

Date: 16.10.2026

YVL