CRLP/16724/2026 of Masku Munna Vs The State of Telangana on 16 October 2026

ORDER

1. 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 petitioners on bail who is arrayed as accused Nos.1 and 2 in connection with COR.No.306 of 2026 on the file of Proh.& Excise Station, Bhadrachalam, registered for the offences punishable under Section 8(c) read with Section 20(b)(ii)(B) of the NDPS Act

2. Heard Sri B.Muralidhar, learned counsel for the petitioners- accused Nos.1 and 2 and Sri D. Arun Kumar, learned Additional Public Prosecutor appearing for the respondent–State.

3. Learned counsel for the petitioners submits that mandatory provisions regarding search and seizure, submitting report to higher officers as required under Section 57 of the NDPS Act is not followed. Petitioners-accused nos.1 and 2 are students and they are remanded to judicial custody on 23.09.2026, since then they are in jail and the contraband seized is 3.500 kgs of dry ganja, which is less than commercial quantity. Entire investigation is completed and prayed to enlarge the petitioners-accused Nos.1 and 2 on bail.

4. Learned Additional Public Prosecutor submits that the role played by the petitioners-accused Nos.1 and 2 are clearly depicted in the remand case diary.

5. On 23.09.2026 complainant has received a reliable information that two persons are transporting ganja on Yamaha MT-15 motor cycle bearing No.TG 05 F 3115. Basing on the information they have apprehended both the persons and seized 3.500 kgs of ganja from them in presence of mediators. Basing on the same, COR.No.306 of 2026 came to be registered.

6. Petitioners-accused Nos.1 and

were arrested and remanded to judicial custody on 23.09.2026, since then they are in jail. The ganja which is seized from the possession of the petitioners-accused Nos.1 and 2 is 3.500 kgs of greenish colour, which is an intermediate quantity.

7. Petitioners-accused Nos.1 and 2 are students, investigation is at fag end, detaining the petitioners-accused Nos.1 and 2 further in judicial custody will not serve the purpose. Hence, petitioners- accused Nos.1 and 2 are entitled to be enlarged on bail, subject to the following conditions: i. The petitioners-accused Nos.1 and 2 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 Additional Judicial First Class Magistrate at Bhadrachalam. ii. The petitioners-accused Nos.1 and 2 shall appear before the concerned SHO between 10 a.m. to 5 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-accused Nos.1 and 2 shall abide by the conditions stipulated in

Section 437(3) of Cr.P.C.(presently, Section 480(3) of the BNSS). iv. The petitioners-accused Nos.1 and 2 shall not directly or indirectly influence, threaten, or induce any of the prosecution witnesses. v. It is made clear that if any of the above conditions are violated, the prosecution is at liberty to file an application for cancellation of the bail.

8. Accordingly, the Criminal petition is allowed.

Miscellaneous applications, if any pending, shall stand closed.

______________________________ B.R.MADHUSUDHAN RAO, J

Date:16.10.2026 pss

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

CRIMINAL PETITION No.16724 of 2026 (CNR.No. HBHC010704322026) DATE: 16.10.2026

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