##PAGE1##

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SMT. JUSTICE K. SUJANA

CRIMINAL PETITION No.16501 of 2025

DATE: 29.12.2025

BETWEEN:

Bora Manikanta

…..petitioner/accused No.1

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.1 in NCB F.No.IV/4/31/Cr.No.09/2025/HYD,

##PAGE2##

2

SKS,J

Crl.P.No.16501 of 2025

Hyderabad Narcotics, registered for the offence punishable

under Sections 20(b)(ii)(C), 28 and 29 of NDPS Act.

2. The brief facts of the case are that the case arose from

an alleged incident dated 14-11-2025, wherein the police

claimed to have received credible information that the

petitioner/Accused No.1 was waiting near Moosapet Y-

Junction, Hyderabad, to receive a parcel containing Hashish

Oil transported in a bus. It was alleged that the petitioner

was apprehended at the spot and a parcel containing 1.110

kg of Hashish Oil, stated to be commercial quantity, was

seized, pursuant to which he was arrested and remanded to

judicial custody on 15-11-2025 for the offences under

Sections 20(b)(ii)(C), 28 and 29 of the NDPS Act.

3. Heard Sri P. Vikas Raj, learned counsel appearing on

behalf of the petitioner as well as N. Bhujanga Rao, learned

Deputy Solicitor General of India appearing on behalf of the

respondent – State.

4. Learned counsel for the petitioner submitted that no

recovery was effected from the conscious or exclusive

possession of the petitioner and that the entire case was

##PAGE3##

3

SKS,J

Crl.P.No.16501 of 2025

based on suspicion and circumstantial material without any

legally admissible evidence linking the petitioner to the

contraband and that mandatory provisions under Sections

42, 50 and 52-A of the NDPS Act were not complied with,

vitiating the alleged search and seizure. He further

submitted that the petitioner was a law-abiding citizen with

no criminal antecedents, had been in judicial custody since

15-11-2025, the investigation was almost completed, and

the rigour of Section 37 of the NDPS Act was not an

absolute bar in the absence of prima facie proof of conscious

possession. Therefore, he prayed the Court to grant pre-

arrest bail to the petitioner by allowing this Criminal

Petition.

5. Learned Deputy Solicitor General of India appearing

for the respondent opposed the bail application contending

that the petitioner was apprehended red-handed while

waiting to receive a parcel addressed to him, from which

1.110 kg of Hashish Oil was recovered in the presence of

independent witnesses and that the seized substance was of

commercial quantity, attracting the stringent bar under

Section 37 of the NDPS Act, and that the petitioner had

##PAGE4##

4

SKS,J

Crl.P.No.16501 of 2025

voluntarily admitted his involvement in his statement

recorded under Section 67 of the NDPS Act. He further

submitted that the investigation was still in progress to

trace the supply chain and that release of the petitioner at

that stage would hamper the investigation and enable

tampering with evidence and influencing of witnesses.

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

learned Deputy Solicitor General of India appearing on

behalf of the respondent opposes bail citing commercial

quantity weighing 1.110 kg of Hashish Oil. At this stage, it

is pertinent to note Section 37 of the NDPS Act, which reads

as under:

“37. Offences to be cognizable and non-

bailable. -- (1) Notwithstanding anything

contained in the Code of Criminal Procedure,

##PAGE5##

5

SKS,J

Crl.P.No.16501 of 2025

1973 (2 of 1974),--(a) every offence punishable

under this Act shall be cognizable;

(b) no person accused of

Click Here to Read the rest of this document