CRLP/15033/2026 of Sunamani Dishari Vs The State of Telangana on 23 September 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 – A2 and A3 on bail in connection with Crime Occurrence Report No.57 of 2026 of Prohibition and Excise Station, Khammam-I. The offence alleged against the petitioners – A2 and A3 is punishable under Section 8 (c) read with Section 20(b) (ii) (B) of the NDPS Act.

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2. Heard Sri B.Muralidhar, learned counsel for petitioners –A2 and A3 and Sri D. Arun Kumar, learned Additional Public Prosecutor, appearing for respondent – State.

3. Learned counsel for the petitioners submits that the petitioners – A2 and A3 have not committed any offence as alleged by the prosecution. The ganja was not seized from their possession and they are falsely implicated in the case. On the face of the remand report, the search and seizure procedure is not properly followed except stating that they have seized the stock in the presence of panchas contrary to Section 42 of the NDPS Act. The seizing ganja and drawing samples in the presence of the Magistrate and sending the same to Forensic Science lab which shows that the procedure contemplated under Section 52 (A) of the NDPS Act was not followed. Petitioners – A2 and A3 are falsely implicated for statistical purpose without committing any offence and entire investigation is completed and prayed to enlarge the petitioners – A2 and A3 on bail.

4. Learned Additional Public Prosecutor submits that the role played by the petitioners – A2 and A3 is clearly depicted in the remand case diary.

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5. On 27.07.2026 the P.S. Prohibition and Excise, Khammam conducted raids at back side of New Bus Stand, Khammam-I and apprehended A1 to A3 while they were in illegal possession of 5.210 kgs. Of dry ganja, which is seized in the presence of mediators under cover of panchanama.

6. Petitioners – A2 and A3, A1- Manjit Kumar were arrested and remanded to judicial custody on 27.07.2026, since then they are in jail. The remand case diary goes to show that A4 – Karthik Mandal and A5 – Divya Singh are still absconding.

7. The total contraband which is seized is 5.210 Kgs of dry ganja which is kept in white plastic cover and also some cell phones in pursuance of seizure.

8. Petitioners – A2, A3 along with A1 have filed Crl.M.P.No.889 of 2026 before the learned Special Sessions Judge for grant of bail, the same came to be dismissed vide order dated 19.08.2026 holding that the petitioners – A2 and A3 belongs to Odisha State and it is difficult to secure their presence if they are enlarged on bail.

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9. Remand case diary goes to show that the ganja which is seized falls within the intermediate quantity and that the petitioners – A2 and A3 are in jail since 27.07.2026.

10. This Court is conscious of the fact that petitioners – A2 and A3 are permanent resident of Odisha State, if stringent conditions are imposed while enlarging them on bail will meet the ends of justice. Accordingly, petitioners– A2 and A3 are entitled for grant of bail, subject to the following conditions: i. The petitioners – A2 and A3 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 Special Judicial Magistrate of First Class (for Prohibition & Excise Cases) Khammam. ii. The petitioners –A2 and A3 shall appear before the concerned SHO between 10:00 AM and 5:00 PM on every Tuesday, Thursday and Sunday for a period of eight

(8) weeks or till filing of charge sheet whichever is earlier, for the purpose of investigation. iii. The petitioners - A.2 and A3 shall not directly or indirectly influence, threaten,

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or induce any of the prosecution witnesses. iv. The petitioners – A.2 and A3 shall abide by the conditions stipulated in Section 437(3) of Cr.P.C. (presently, Section 480(3) of the BNSS). 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: 23.09.2026. YVL

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

CRIMINAL PETITION No.15033 of 2026

(C.N.R No. HBHC010631872026)

Date: 23.09.2026

YVL