Regular bail sought by accused No.5 in a cocaine seizure case involving commercial quantity; bail had been dismissed twice earlier and no changed circumstances were shown. The court dismissed the petition.
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ll I I I I I lI I I l
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THURSDAY, THE TWENry THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SMT JUSTICE K. SUJANA
CRIMINAL PETITION NO: 12895 OF 2025
Between:
Prem Upadhya @ Prem, S/o Venkatesh Upadhya, Age 29 years (DOB. 12.08.1995), Caste. Hindu, Occ. lT Employee (Tech Mahindra), R/o 2-2-6471140, Kashyap Nilayam, Central Excise Colony, Bagh Amberpet, Amberpet, Hyderabad 50001 3,Telangana Ph. No. 6303443770
...PETITIONER/ACC USED No.5
AND
The State of Telangana,, Through Station House Officer, Golconda Police Station, Hyderabad, Represented by Public Prosecutor, High Court for the State of Telangana, Hyderabad
...RESPONDENT
Petitron under Section 480 & 483 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition. the High Court may be pleased to enlarge the Petitioner/Accused No.5 on bail in Crime No.166 of 2025 of Golconda Police Station, Hyderabad, registered under Sections B(c) r/w 22(c),27,27(A) & 29 of the NDPS Act, 1985.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri P. Vikas Raj, Advocate for the Petitioner and Sri D. Arun Kumar, Additional Public Prosecutor (TG) on behalf of the Respondent.
The Court made the following: ORDER
THE HONOURABLE SMT. JUSTICE K. fN IJANA
CRIMINAL PETITION No.t2895 of ,.2(25
ORDER:
This crimrnal petition is filed under Sec1,ir.r 4g0 & 4g3 of Bhzrratiya Nagarik Suraksha Sanhita, 20 2 3 (for short 'BNSS) by the petitioner/A.5 seeking his enlarge nent on bail in connection g.ith Crime No. 166 of 2O2S of Cio :oncla police Station, H),derabad. The offences alleged against r:re petitioner are under Sections a@) r /w.22(c), 2Z , 2Z (,r ) and 29 of Narcotic Drugs and psychotropic Substances l.r t, 19g5 (for short 'NDPS Act').
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SKS,J Crl.P.No.12895 of 2025
SKS,J Cr l.,.No.12895 of 2025
7
grant of regular bail and the same was dismisr;, d ulde orders dated 09.09.2025 and 24.O9.2025 observing t r \t- 'Section 37 of the NDPS Act mandates that offences inuolut, '.q commercial quantities be non bailat e, requiing reasonctl,, z grounds to belieue the acased is n-ot guiltg and unlikely t,t t ommit further offences uthile ttn bail. Giuen the senous st,r tf aLlegations against the petittoner, this Couri is not satisfiect, t tat conditiorts forgrantingbail under Sectior-t 3T are rL€t' . orvever, it is noticed that there are no changcd circumsLance s back then in the earlier regular bail petition, and the present bail petition. As such, this Court is not inclined to grant the 1e ief as sought for, by the petitioner. There arc no merits in his Criminal Petition, and the same is liable to be dismissecl
Miscellaneous applications, if any pendinp , sha11 stand
closed
SI). L.LAKSHMI BABU \ t) PUTY REGISTRAR
//TRUE COPY'
SECTION OFFICER
To,
KK/PSL
HIGH COURT
DATED:2311012025
ORDER
CRLP.No.12895 of 2025
, rl
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I B5 r: 296 .' it
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Dismissing the Criminal Petition
a
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1 issue framed by the court
Whether accused No.5 is entitled to regular bail under Section 37 NDPS Act for offences involving commercial quantity of cocaine.
3 provisions across 2 enactments
Prem Upadhya @ Prem
The State of Telangana, Through Station House Officer, Golconda Police Station, Hyderabad
K. Sujana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
