CRLP/17180/2025 of Arjun Reddy @ Arjun Konda Reddy, Vs The State of Telangana on 31 December 2025

ORDER

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of pre-arrest bail to the petitioner, who is arrayed as accused No.6 in Crime No.273 of 2025 before the Masab Tank

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Police Station, Hyderabad, registered for the offences punishable under Section 8(c) read with 22(c), 21(b), 20(b)(ii)(A), 29, 27(a), 27(b) of NDPS Act.

2. The brief facts of the case are that on 31.10.2025, the Detective Inspector, Masab Tank Police Station, acting on prior information, apprehended Accused No.1 near Sai Enclave Road, Banjara Hills, and seized various narcotic substances including cocaine, MDMA, ecstasy pills, OG weed, along with cash, an electronic weighing machine, and a mobile phone. Based on the alleged confession of Accused No.1 stating that he had procured the drugs from suppliers in Bangalore and intended to sell them to certain persons including the petitioner, a case in Crime No.273/2025 was registered.

3. Heard Sri Mohd Muzaferullah Khan, learned counsel appearing on behalf of the petitioner as well as Sri D. Arun Kumar, learned Additional Public Prosecutor appearing on behalf of the respondent – State.

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4. Learned counsel for the petitioner submitted that the petitioner was falsely implicated and was not present in Hyderabad on the date of the alleged offence, as he was in Bangkok, Thailand, which was supported by flight tickets and passport entries and that the prosecution case rested solely on the inadmissible confessional statement of accused No.1, which could not be relied upon even at the stage of bail, as held by the Hon’ble Supreme Court. He further submitted that no prima facie case was made out against the petitioner, that the rigors of Section 37 of the NDPS Act were not attracted as the petitioner was shown only as a consumer. Therefore, he prayed the Court to grant pre-arrest bail to the petitioner by allowing this Criminal Petition.

5. On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that the petitioner is drug peddler. He further submitted that the investigation is in progress and if the petitioner is released on bail, at this stage, he may tamper with the evidence and may threaten the witnesses. Hence, he prayed the Court to dismiss the criminal petition.

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6. In the light of the submissions made by the learned counsel on either side and upon a perusal of the material available on record, it appears that the petitioner was arrayed as accused No.6 solely on the basis of the confessional statement of a co-accused, which by itself has limited evidentiary value at this stage. There is no recovery of any contraband from the petitioner nor any independent material connecting him with the alleged possession, transportation or sale of narcotic substances. The documents placed on record prima facie show that the petitioner was not in India on the date of the alleged offence and was in Bangkok, Thailand, which lends support to his contention that he was not present at the scene of offence. Further, even as per the prosecution version, the allegation against the petitioner is of consumption and not commercial trafficking, and therefore, the stringent bar under Section 37 of the NDPS Act is not attracted. Considering the facts and circumstances of the case, this Court deems it fit to grant pre-arrest bail to the petitioner subject to the following conditions: i. The petitioner shall surrender before the Station House Officer, Masab Tank Police Station, Hyderabad, within two

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weeks from today, and on such surrender, the said Station House Officer shall release her on bail on executing a personal bond for Rs.25,000/-, each, with two sureties, for the like sum each. ii. The petitioner shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 and co-operate with the Investigating Officer in investigating the case. iii. The petitioner shall appear before the concerned Investigating Officer on every Monday between 09:00 a.m, and 05:00 p.m., for a period of eight (8) weeks or till the filing of the charge sheet, whichever is earlier and thereafter, as and when required.

7. Accordingly, this Criminal Petition is allowed.

Miscellaneous applications, if any pending, shall stand closed. _______________ K. SUJANA, J

Date: 31.12.2025 SAI

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THE HONOURABLE SMT JUSTICE K. SUJANA

CRIMINAL PETITION No.17180 of 2025 ` Date: 31.12.2025 SAI