Nandhi Singh vs The State Of Telangana
2026 Latest Caselaw 381 Tel

Citation : 2026 Latest Caselaw 381 Tel
Judgement Date : 6 April, 2026

[Cites 7, Cited by 0]

Telangana High Court

Nandhi Singh vs The State Of Telangana on 6 April, 2026

  IN THE HIGH COURT FOR THE STATE OF TELANGANA

                      AT HYDERABAD


      THE HONOURABLE SMT. JUSTICE K. SUJANA


           CRIMINAL PETITION No.4126 of 2026


                     DATE: 06.04.2026


BETWEEN:


Nandhi Singh


                                     .....petitioner/accused No.6


                              And


The State of Telangana,

Rep. by Public Prosecutor,

High Court for the State of Telangana,

at Hyderabad.

                                    .....Respondent/complainant


                             ORDER

This Criminal Petition is filed praying this Court to

enlarge the petitioner on bail who is arrayed as accused No.6

in Crime No.09 of 2026 before the Prohibition and Excise

Police Station, Dhoolpet, Hyderabad, registered for the offence

SKS, J Crl.P.No.4126 of 2026

punishable under Sections 8(c) read with 20(b)(ii)(C) of NDPS

Act.

2. The brief facts of the case are that on 31.01.2026,

acting on credible information, the Excise officials conducted a

raid at a house in Rahimpura, Hyderabad, and apprehended

Accused Nos.1 to 5, from whose possession about 29.14 kgs of

ganja was seized. A case was registered and the accused were

remanded to judicial custody. The present petitioner was

shown as Accused No.6 and was later arrested on PT warrant

on 12.02.2026, though no contraband was seized from his

possession.

3. Heard Sri Gulab Singh, learned counsel appearing on

behalf of the petitioner as well as Sri M. Ramachandra Reddy,

learned Additional Public Prosecutor appearing on behalf of

the respondent - State.

4. Learned counsel for the petitioner submitted that the

petitioner is innocent and has been falsely implicated in the

case without any material evidence and that no contraband

was recovered from the petitioner and his involvement is not

established. The petitioner has been in judicial custody since

SKS, J

12.02.2026 and is not required for further investigation.

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

opposes the petition contending that the offence involves

illegal possession and transportation of a commercial quantity

of ganja, which is a grave offence under the NDPS Act and

that the petitioner is part of the network involved in the

offence and his role requires thorough investigation. He

contended that there are three cases pending against the

petitioner. Therefore, he prayed the Court to dismiss the

Criminal Petition.

6. This Court, considering submissions made by both the

learned counsel and reviewing the material available on

record, it is noted that the contention of the petitioner that the

case is false, fictitious, and fabricated, the case was registered

without following the due procedure. However, the Additional

Public Prosecutor opposes bail citing commercial quantity

weighing 29.14 kgs of ganja and the other cases are also

pending for the same offence. At this stage, it is pertinent to

note Section 37 of the NDPS Act, which reads as under:

SKS, J

"37. Offences to be cognizable and non-bailable.

-- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),--(a) every offence punishable under this Act shall be cognizable;

(b) no person accused of an offence punishable for 1[offences under section 19 or section 24 or section 27A and also for offences involving commercial quantity] shall be released on bail or on his own bond unless--

(i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and

(ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.

(2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force on granting of bail."

7. In view thereof, Section 37 of the NDPS Act mandates

that offences involving commercial quantities be non-bailable,

requiring reasonable grounds to believe the accused is not

guilty and unlikely to commit further offences while on bail.

Given the serious allegations against the petitioner, this Court

is not satisfied that conditions for granting bail under Section

SKS, J

37 are met. Therefore, the criminal petition lacks merit and

the same is liable to be dismissed.

8. Accordingly, this Criminal Petition is dismissed.

Miscellaneous applications, if any pending, shall stand

closed.