CRLP/10137/2026 of Mohammed Salman Khan Vs The State of Telangana, on 16 July 2026

ORDER

This Criminal Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), seeking the relief of anticipatory bail.

2. The petitioner is arrayed as Accused No.3 in Crime No. 164 of 2026 of Kazipet Police Station, Hanumakonda District, facing accusations for the offences punishable under Section 8(c) read with Section 20(b)(ii)(B), 27 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “the NDPS Act”).

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3. Heard Mr. Nallapu Manideep, learned counsel for the petitioner and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor, representing the respondent-State.

4.1. The prosecution case, in brief, is that on 28.06.2026, at about 1:50 p.m., while the police personnel were conducting vehicle patrolling near Kadipikonda Bridge, Kazipet, they noticed two persons moving in a suspicious manner, who allegedly attempted to flee on noticing the police. Upon apprehension, they were identified as Accused Nos.1 and 2. On receipt of information, the complainant, accompanied by police staff and mediators, proceeded to the spot and conducted search proceedings after complying with the prescribed formalities. During the search, the police allegedly recovered 1 Kg. 400 grams of dry ganja, besides seizing a Bajaj Auto and mobile phones under the cover of a panchanama.

4.2. It is further alleged that, during interrogation, Accused No.2 disclosed that he, along with the petitioner/Accused No.3, had been procuring ganja and selling the same for monetary gain. Basing on the said disclosure statement, the police implicated the petitioner in the alleged offence and subsequently seized the contraband and a mobile phone. On the basis of the above allegations, the complainant lodged a report, pursuant to which the present crime was registered.

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5.1. Learned counsel for the petitioner submits that the petitioner/Accused No.3 is innocent and has been falsely implicated solely on the basis of the alleged disclosure statement of the co-accused. It is contended that the petitioner was neither present at the scene of offence at the time of the alleged raid nor was any contraband or other incriminating material recovered from his possession, so as to connect him with the alleged offence. It is further submitted that, apart from the statement of the co- accused, there is no independent material linking the petitioner with the alleged transaction.

5.2. Learned counsel further submits that the petitioner has been falsely implicated owing to prior civil and business disputes with Accused Nos.1 and 2 and that the allegations against him are wholly baseless. It is further submitted that the petitioner is working as a Junior Assistant in the Roads & Buildings Department, is in permanent Government service, has a fixed place of residence and has no criminal antecedents. It is contended that his arrest would cause irreparable prejudice to his reputation, career and family, particularly when his wife is in an advanced stage of pregnancy and his mother is suffering from health ailments. On these grounds, it is prayed that the petitioner be granted anticipatory bail.

6.1. Per contra, the learned Additional Public Prosecutor opposed the petition, contending that the allegations against the petitioner are grave in

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nature, involving offences under the NDPS Act. It is submitted that the petitioner's involvement surfaced during the disclosure made by the co- accused, who stated that they had been jointly procuring and selling ganja for wrongful gain. The learned Additional Public Prosecutor submits that, at this stage of investigation, the allegations against the petitioner cannot be discarded and custodial interrogation is necessary to ascertain the petitioner's role, identify the source of the contraband, and unearth the entire chain of persons involved in the alleged illegal activity. It is also contended that, if granted anticipatory bail, the petitioner may not cooperate with the investigation. Accordingly, dismissal of the present petition is sought.

7. I have carefully considered the rival submissions and examined the material placed on record.

8. A careful consideration of the material available on record would indicate that the allegation against the petitioner/Accused No.3 is founded primarily on the disclosure statement allegedly made by the co-accused during the course of investigation. Admittedly, the petitioner was not present at the scene of occurrence at the time of the alleged raid, and the contraband was recovered from the possession of Accused Nos.1 and 2. No contraband has been shown to have been recovered from the possession of the petitioner.

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9. It is not in dispute that the petitioner is working as a Junior Assistant in the Roads & Buildings Department, Government of Telangana, is in permanent Government service, has a fixed place of residence, and there is no material placed before this Court indicating that he has any criminal antecedents. The quantity of contraband allegedly seized is 1 Kg. 400 grams of dry ganja, which admittedly falls within the category of intermediate quantity and not commercial quantity. Consequently, the rigours of Section 37 of the NDPS Act, which impose stringent restrictions on the grant of bail in cases involving commercial quantity and certain specified offences, are not attracted to the facts of the present case.

10. In the instant case, the petitioner has expressed his willingness to cooperate with the investigation and to abide by any condition that may be imposed by this Court. There is nothing on record to indicate that the petitioner is likely to abscond, tamper with the prosecution evidence, or influence the witnesses. At the same time, considering the seriousness of the allegations under the NDPS Act and the need to ensure an unhindered investigation, the interests of justice would be adequately safeguarded by imposing appropriate conditions requiring the petitioner's cooperation with the investigating agency.

11. Accordingly, the Criminal Petition is allowed. The petitioner/Accused No.3 shall be enlarged on anticipatory bail, subject to the following conditions:

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(A) The petitioner/Accused No.3 shall surrender before the Station House Officer, Kazipet Police Station, Hanumakonda District, on or before 30.07.2026. Upon such surrender or in the event of arrest, the Station House Officer shall release the petitioner/Accused No.3 on bail on execution of personal bonds for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for a like sum each, to the satisfaction of the said Officer. (B) The petitioner/Accused No.3 shall appear before the Investigating Officer on every Saturday between 10:00 a.m. and 3:00 p.m. for a period of twelve (12) weeks from the date of his release on bail and shall cooperate with the investigation in all respects. (C) The petitioner/Accused No.3 shall not leave India without obtaining prior permission from the jurisdictional Court concerned. (D) The petitioner/Accused No.3 shall furnish his complete residential address, mobile number and other contact particulars to the Investigating Officer and shall promptly intimate any change therein. (E) The petitioner/Accused No.3 shall not directly or indirectly induce, threaten, influence, or promise any person acquainted with the facts of the case, nor shall he tamper with prosecution evidence in any manner whatsoever. (F) The petitioner/Accused No.3 shall strictly comply with all the conditions contemplated under Section 482(2) of the BNSS.

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(G) Any willful breach or violation of any of the aforesaid conditions shall render the petitioner liable to appropriate proceedings before the Court below, including cancellation of bail, in accordance with the provisions of the BNSS and other applicable law.

12. It is made clear that any observations made herein are confined solely to the adjudication of the present application for anticipatory bail and shall not be construed as an expression on the merits of the case. Pending miscellaneous applications, if any, shall stand closed.

_______________ N.TUKARAMJI, J

Date: 16.07.2026 svl