M. Venkata Krishna Rao vs The State Of Telangana on 2 April, 2026

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    Telangana High Court

    M. Venkata Krishna Rao vs The State Of Telangana on 2 April, 2026

           IN THE HIGH COURT FOR THE STATE OF TELANGANA
                           AT HYDERABAD
    
             THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
    
                      CRIMINAL PETITION No.3265 of 2026
    
                                   Dated: 02.04.2026
    
    Between:
    
    M.Venkata Krishna Rao
                                                                     ...Petitioner
                                       AND
    
    The State of Telangana,
    Rep. by its Public Prosecutor,
    High Court Hyderabad and another
                                                                   ...Respondent
    
    
                                       ORDER
    

    This Criminal Petition has been filed aggrieved by the order,

    dated 23.02.2026 passed in Crl.M.P.No.25 of 2026 in Crime No.10 of 2025

    SPONSORED

    by the learned I Additional District and Sessions Judge-Cum-Additional

    Family Court Judge, Medchal-Malkajgiri at Kushaiguda, where under the

    application filed by the petitioner seeking direction to re-open his factory,

    was dismissed.

    2. Heard Mr.S.Ganesh, learned counsel for the petitioner and Mr.Jithendar

    Rao Veeramalla, learned Additional Public Prosecutor for the respondents.
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    3. Learned counsel for the petitioner submits that the petitioner factory

    namely M/s.PNM Life Sciences Private Limited was seized on 09.10.2025

    in connection with Crime No.10 of 2025 on the alleged ground that the

    contraband of 225 Kgs of Ephedrine was seized from the possession of

    accused No.1, though the petitioner has not committed any offence. The

    alleged contraband does not come within the NDPS Act, as it was seized

    from the possession of accused No.1. There is no coercion between the

    petitioner and other accused. Learned trial Court without properly

    considering the contentions of the petitioner dismissed the application

    erroneously. He further submits that the petitioner company is having more

    than 50 employees. Unless the factory is permitted to be reopened, the

    petitioner and its employees will be put to great hardship. He further

    submits that the entire investigation has been completed and continued

    seizure of the factory would serve no useful purpose. The petitioner

    undertakes to cooperate with the investigation and also abide by the

    conditions which are to be imposed by this Court.

    4. Per contra, learned Additional Public Prosecutor submitted that that

    the there is a clear conspiracy between the petitioner and other accused and

    huge contraband was seized from the possession of accused No.1. The

    investigation is under progress. The trial Court, after giving cogent reasons,

    has rightly dismissed the application. At this juncture, the petitioner is not
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    entitled to seek to reopen of the factory and the criminal petition filed by the

    petitioner is liable to be dismissed.

    5. Having considered the submissions made by the respective parties and

    after perusal of the material available on record, it is not in dispute that the

    petitioner is arrayed as accused No.3 in Crime No.10 of 2025 and the

    petitioner factory was seized through seizure panchanama dated 09.10.2025.

    Though the petitioner raised the grounds that contraband was seized in

    Crime No.10 of 2025, it does not attract the ingredients for the offences

    under Section 8(c), 9A, 21(c), 25, 25A, 27A, 29 of NDPS Act, 1985 and

    there is no conspiracy between the petitioner and other accused. The

    contraband was seized neither from the possession of accused No.3 nor from

    the factory. Hence, this Court is not inclined to deal with the said ground

    that the nature of application filed by the petitioner seeking permission to re-

    open the factory, the petitioner specifically pleaded that the petitioner

    factory having more than 50 employees the petitioner factory was seized on

    01.10.2025.

    6. Taking into consideration the peculiar facts and circumstances of the

    case, this Court is inclined to grant permission to re-open the factory namely

    M/s.PNM Life Sciences Private Limited subject to the condition that the

    petitioner/accused No.3 shall execute a personal bond of Rs.5,00,000/-

    (Rupees five lakhs only) with two sureties to the satisfaction of the learned

    I Additional District and Sessions-Cum-Additional Family Court Judge,
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    Medchal-Malkajgiri District at Hyderabad. The petitioner shall file an

    undertaking that he will cooperate with the investigation and also permit the

    Investigating agency to conduct investigation in the premises of the factory

    whenever is required and petitioner shall not alienate, create any third party

    rights in respect of factory premises or equipments which are lying in the

    factory till conclusion of investigation and also without obtaining permission

    of the trial Court.

    7. Accordingly, the criminal petition is disposed of.

    Pending miscellaneous applications, if any, shall stand closed.

    ____________________________
    JUSTICE J. SREENIVAS RAO

    Dated: 02.04.2026
    Note: Issue CC by 09.04.2026
    b/o
    mnv/nsp

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