Cherupallikal Nineesh. Vs State of Customs (Preventive) (Telangana High Court)
The Telangana High Court considered a criminal petition filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking bail in a case registered under Sections 20, 23, and 29 of the NDPS Act, 1985. The prosecution alleged that the petitioner, along with another accused, was apprehended by the Air Intelligence Unit of Customs at Hyderabad Airport based on prior information. Upon inspection, 9100 grams of ganja was seized, and the petitioner’s confessional statement was recorded. He was produced before the Court on 08.03.2026 and has remained in judicial custody since then.
The petitioner contended that he was falsely implicated and not connected with the offence. It was argued that the seized contraband constituted an intermediate quantity, and therefore, the rigours of Section 37 of the NDPS Act were not applicable. The petitioner further submitted that he had been in custody since 08.03.2026 and that the investigation was completed, warranting grant of bail.
The prosecution opposed the bail, stating that although the seized quantity was intermediate, it was allegedly being transported for higher value, and the investigation was still ongoing. It was argued that bail should not be granted at this stage.
