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2026 Supreme(Online)(Tel) 17486

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD


THE HONOURABLE SMT. JUSTICE K. SUJANA


CRIMINAL PETITION No.6542 OF 2026


DATE :01.05.2026


BETWEEN:

Kishan Kumar @ Kishan @ Ganja Kishan

…..Petitioner/A.5

And

The State of Telangana,

Through Public Prosecutor,

High Court at Hyderabad

…..Respondent/Complainant

: ORDER :

This Criminal Petition is filed under Section 480 & 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying this Court to enlarge the petitioner on bail who is arrayed as accused No.5 in Crime No.50 of 2025 of Hussainialam Police Station, Hyderabad District, registered for the offences punishable under Sections 8 (c), 20(b)(ii)(C) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. The brief facts of the case are that on 10.03.2025 at about 3:00 PM, on receipt of credible information that three persons had procured a bulk quantity of ganja from Odisha and stored it at H.No.20-4-650/4, G+1 building, near Silky Ice Cream, Murgi Chowk, Hyderabad for sale, the Sub-Inspector of Police, Hussainialam P.S., along with staff, mediators, and the Clues Team, conducted a raid at the said premises. During the said raid, A.1 to A.3 were apprehended, and on their confession, 30.726 kgs of ganja along with their mobile phones were seized under a panchanama. Further, based on their confession, the involvement of A.4-Vicky, the supplier, and the petitioner the alleged customer, came to light. Hence, a case was registered against the accused for the said offences.

3. Heard Sri Gulab Singh, learned counsel appearing on behalf of the petitioner and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor appearing on behalf of the respondent – State.

4. The contention of learned counsel for the petitioner is that petitioner has been falsely implicated in this case only for statistical purpose. Petitioner has been in custody since 09.12.2025 and that he has to take care of his bed ridden parents suffering with ill health and he is the only bread earner and person to look after them. It is further submitted that the entire investigation was already completed and the charge sheet is also filed and accused Nos.1 to 3 were already released on bail. Hence, prayed this Court to enlarge the petitioner on bail.

5. On the other hand, learned Additional Public Prosecutor opposed bail stating that the contraband seized in this case is a huge commercial quantity and that petitioner is also an active person in this offence. It is further submitted that the petitioner is the habitual offender and there are 12 NDPS cases pending against him and the charge sheet is already filed. As such, in view of rigor of Section 37 of NDPS Act, petitioner is not entitled for bail and prayed to dismiss this petition.

6. Having regard to the rival submissions made and on going through the material placed on record, it is noted that previously the petitioner had filed Crl.P.No.4148 of 2026 before this Court, seeking the relief of grant of anticipatory bail and the same was dismissed vide order dated 07.04.2026 observing that ‘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 set of allegations against the petitioner, this Court is not satisfied that conditions for granting bail under Section 37 are met’. Further, the seized contraband is 30.726 kgs of ganja, which is a commercial quantity and that apart the petitioner herein is also involved in 12 NDPS cases. However, it is noticed that there are no changed circumstances back then in the earlier anticipatory bail petition, and the present bail petition. As such, this Court is not inclined to grant the relief as sought for, by the petitioner. There are no merits in this Criminal Petition, and the same is liable to be dismissed.

9. Accordingly, this Criminal Petition is dismissed. Miscellaneous applications, if any pending, shall stand closed.

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