Telangana High Court
Sai Satya Ram Bhaskar Chegondi vs State Of Telangana on 3 November, 2025
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.13459 of 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.8 in Crime No.8 of 2025 of Cyberabad Narcotic
Police Station, TGANB.
2. The case of the prosecution was that on 25.08.2025, the
Inspector of Police, Cyberabad Narcotic Police Station,
received credible information that certain persons were
engaged in the possession and sale of Ganja and DG Weed at
a premises in Suraram, Jeedimetla. Acting on the
information, the police conducted a raid and apprehended
four accused persons, seizing 1150 grams of Ganja, 47 grams
of OG Weed, a weighing machine, plastic boxes, ziplock
covers, and several mobile phones.
3. Heard Sri Madas Barath Chandra, learned counsel
appearing on behalf of the petitioner as well as Sri D. Arun
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Kumar, learned Additional Public appearing on behalf of the
respondent - State.
4. Learned counsel for the petitioner submitted that the
petitioner was innocent and falsely implicated solely on the
basis of the confessional statements of co-accused, which are
inadmissible in evidence in view of the judgment in Tofan
Singh v. State of Tamil Nadu. He further submitted that
there was no recovery, seizure, or documentary evidence
linking the petitioner to the alleged offences, and his name
surfaced only on hearsay. The petitioner was a student of
Mahindra University with no criminal antecedents, and his
custodial interrogation was unnecessary. Therefore, he
prayed the Court to grant 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 peddlers. He
further submitted that the investigation is in progress and if
the petitioner is released on bail, at this stage, he may tamper
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with the evidence and may threaten the witnesses. Hence, he
prayed the Court to dismiss the criminal petition.
6. Having regard to the rival submissions made and on
going through the material placed on record, it is noted that
the limited grievance of learned counsel for the petitioner is
that the petitioner was falsely implicated in the case solely
basing on the confession made by co-accused in whose
possession contraband was seized and that petitioner is no
way concerned with the offence punishable under Sections 8
(c) read with 20(b)(ii)(B) of NDPS Act, as no contraband was
seized from his possession, whereas, it is the specific stand of
learned Additional Public Prosecutor that petitioner is actively
involved with other accused in his illegal activities.
7. At this stage, it is pertinent to observe that the Courts
exercise caution while dealing with anticipatory bail petitions
in NDPS cases due to the serious nature of these offences.
Granting anticipatory bail in regular manner may hamper the
investigation, allow the accused to abscond, and undermine
public interest in preventing and controlling these offences.
8. The Hon'ble Supreme Court has consistently held that
anticipatory bail should not be granted in NDPS cases as a
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matter of routine, as the same may hamper the investigation
and enable the accused to destroy evidence. Further, in the
case of Anarul SK v. State of West Bengal 1 the Hon'ble
Supreme Court observed that grant of anticipatory bail in
cases involving NDPS is a very serious issue.
9. In light of the above discussion, this Court is of the
opinion that the grant of pre-arrest bail at a stage when the
investigation is still in progress, may impede the investigative
process and potentially prejudice the case of the prosecution,
as such, there are no merits in this criminal petition to grant
pre-arrest bail to the petitioner and the same is liable to be
dismissed.
10. Accordingly, this Criminal Petition is dismissed.
Miscellaneous applications, if any pending, shall stand
closed.
_______________
K. SUJANA, J
Date: 03.11.2025
SAI
Petition for Special Leave to Appeal (Crl.)No.12621/2024 dated 19.09.2024
SKS,J
THE HONOURABLE SMT JUSTICE K. SUJANA
CRIMINAL PETITION No.13459 of 2025
Date: 03.11.2025
SAI
