Mr. Mitesh Kumar vs. The Superintendent Of Customs (Preventive ) Hyderabad Customs Commissionerate
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Cause title — parties, addresses and appearances
O R D E R
This Criminal Petition is filed under Sections 480 & 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner/accused seeking enlargement on bail in connection with HQPOR No.10/2026-CUS (PREV) in C.No.AirCus/49/Adjn/29/2026/AIU-C. The offences alleged against the petitioner are punishable under Sections 20, 23 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).
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The brief facts of the case are that on 21.05.2026, on reliable information about transportation of narcotic substance from Bangkok to India, the complainant conducted an inspection and found petitioner in illegal possession of 10050 grams of Marijuana/ganja and seized the said contraband. Basing on the same, a criminal case was registered against the accused for the alleged offences.
Heard Sri Khaja Arajuddin, learned counsel appearing on behalf of the petitioner as well as Sri Dominic Fernandes, learned Senior Standing Counsel appearing on behalf of respondent.
Learned counsel for the petitioner submitted that the petitioner is innocent and has been in judicial custody since 22.05.2026 and that the seized contraband i.e.,10050 grams of Marijuana/ganja, constitutes an intermediate quantity. He further submitted that the entire investigation is complete and prayed the Court to grant bail to the petitioner by allowing this criminal petition.
On the other hand, learned Standing Counsel appearing for respondent filed a counter denying the averment made by 3
learned counsel for the petitioner. He further submitted that, although the seized contraband falls under the category of intermediate quantity, the investigation is still in progress. He also submitted that there are other criminal cases pending against the petitioner and, therefore, the question of granting bail to the petitioner at this stage does not arise. He further contended that the investigating agency has to ascertain who financed the transportation of the alleged contraband. In support of his submissions, he relied upon the judgments of the Hon'ble The State of Meghalaya Vs. Lalrintluanga Soilo & Anr.4. 6. Considering the submissions made by both the learned counsel and upon perusal of the material available on record, it is observed that the seized contraband, i.e., 10050 grams of ganja (marijuana), falls under the category of intermediate quantity. The petitioner has been in judicial custody since 22.05.2026, and a substantial portion of the investigation has 1 2004 (166)ELT 302(SC) 2 1989 AIR 1966 3 Crl.A.No.396 of 1990 4 Special Leave to Appeal (Crl) No.16021/2023
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already been completed. It is also evident from the record that no petition seeking the custodial interrogation of the petitioner has been filed by the respondent authority for the purpose of further investigation. Having regard to the quantity of the contraband seized, the period of incarceration undergone by the petitioner and the progress of the investigation, this Court deems it fit to grant bail to the petitioner, subject to the following conditions: i. The petitioner shall execute a personal bond for a sum of Rs.25,000/- (Rupees Fifteen Thousand only), with two sureties for a like sum each to the satisfaction of the learned XXV Additional Judicial Magistrate at Rajendernagar, Cyberabad, Ranga Reddy District.
ii. The petitioner shall appear before the respondent authority at 11:00 a.m., on every Monday for a period of eight (8) weeks or till filing of charge sheet whichever is earlier, for the purpose of investigation, and thereafter, as and when required.
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iii. The petitioner shall not leave the country without prior permission of the concerned Court and surrender his passport before the Court concerned.
iv. The petitioner shall abide by the conditions stipulated in Section 437(3) of Cr.P.C. (presently, Section 480(3) of the BNSS).
Accordingly, the Criminal petition is allowed.
Miscellaneous applications, if any pending, shall stand closed. _______________ K. SUJANA, J Date: 07.07.2026 SS
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THE HONOURABLE SMT JUSTICE K. SUJANA
CRIMINAL PETITION No.9571 of 2026
Date: 07.07.2026 SS
Reproduced from the public record of the Telangana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.