Pre-arrest bail sought by accused Nos.2 and 3 in an NDPS ganja case where contraband was allegedly recovered from their motorcycles but not their possession. The court held anticipatory bail is not routine in NDPS matters during early investigation and dismissed the petition.
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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY.THE SEVENTEENTH DAY OF DECEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION NO: 15772 OF 2025
Between:
...PETITIONERS/ACCUSED NOS.2 & 3
ANO
The State of Telangana, through Public Prosecutor, The High Court for the State of Telangana at Hyderabad.
...RESPONDENT/COMPLAI NANT
Petition under Section 482 of BNSS, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioners/Accused No.2 & 3 on bail in the event of their arrest in connection with the Crime No.154 of 2025, dated 27.10.2025 on the file of Police Station Easgaon, Kumuram Bheem Asifabad District, for the all69ed offence punishable U/s 8(c) r/w 20 (b)(ii)(A) of NDPS Act 1985 on such terms and condrtions as may be imposed by this Court;
This Petition comrng on for hearing,upon perusing the Memorandum of Grounds of Criminal Petitron and upon hearing the arguments of Sri S LAKSHMI KANTH, Advocate for the Petitioner and Sri D.Arun Kumar, Addl. Public Prosecutor on behalf of the Respondent;
The Court made the following: OROER
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.15772 of 2o25
DATE: L7.12.2o25
BETWEEN:
Mithun Mandal and another
. .. petitioner/ accused
And
The State of Telangana,
Rep. by its Public Prosecutor,
High Court for the State ol Telangana
at Hyderabad.
. - - ,. Respondent/ com plainant
ORDER
This Criminal Petition is hled under Sectio n 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS) for grant of pre-arrest bail to the petitioners, who are arrayed as accused Nos.2 anci 3 in Crimc No. 154 of 2O2S before the
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sl<s,J Crl-P.No.15772 of 2025
Easgoan Police Station, Kumarambheem Asifabad District, registered for the offences punishable under Section 8(c) read with 20(b)(ii)(A) of NDPS Act.
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SKS,J Crl.P.r{o- 15772 of 2025
to the alleged offence. He submitted that no ganja was recovered from their possession, that they were not present at the scene, and that the alleged recovery from unattended parked vehicles created no legal nexus between the contraband and the petiLioners. He contended that the petitioners were poor daily-wage workers, had no capacity to interfere with the investigaLion, and were being harassed by repeated police visits. Therefore, he prayed the Court to grant pre-arrest bail to the petitioners by allowing this Criminal Petition.
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sKs,J Crl.P.No.15772 of 2025
for the petitioners is that the petitioners were falsely implicated in the case and that petitioners are no way concerned with the alleged offence punishable under NDPS Act, as no contraband was seized from their possession, whereas, it is the specific stand of learned Additional Public Prosecutor that petitioners are actively involved with other accused in their illegal activities.
'sLp(crl.) No. 9540of 2o2s
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sKs,J crl.P.Ito. 15772 of 2o25
position of law is that anticipatory bail is not to begranted as a matter of routine or on mere assertion of innocence, particularly when the investigation is at a nascent stage and the role of the petitioner requires thorough examination. In such circumstances, the Court may rightly decline to extend the discretionary relief of alticipatory bail, leaving it open to the accused to surrender before thejurisdictional Court and seek regular bail, which shall be considered on its own merits and in accordance with law.
B. In view thereof, this criminal petition is dismissed.
Miscellaneous applications, if any pending, shall stand
closed.
SD/. A.H.S.GOWRI SHANKAR ASSISTANT REGISTRAR
,-]
//TRUE COPY// SECTION OFFICER \
To,
1 The Station House Officer, Easgoan P.S., Kumrambheem Asifabad District 2 One CC to SRI S LAKSHMI KANTH Advocate [OPUC] 3 Two CCs to PUBLIC PROSECUTOR, High Court at Hyderabad (OUT) 4. Two CD Copies VSII' PS I
HIGH COURT
DATED:1711212025
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ORDER
CRLP.No.15772 of 2025
DISMISSING THE CRIMINAL PETITION
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1 issue framed by the court
Whether pre-arrest bail should be granted to accused Nos.2 and 3 in an NDPS case where no contraband was recovered from their possession but investigation was at a nascent stage.
Colour shows how this judgement treated each authority
Dinesh Chander v. State of HaryanaRelied on¶7
Dinesh Chander v. State of Haryana
3 provisions across 2 enactments
Mithun Mandal
Rahul Mandal
The State of Telangana, rep. by its Public Prosecutor
K. Sujana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
