Nekkanti Srinivas Alias Baba Alias … vs The State Of Telangana on 13 April, 2026

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    Telangana High Court

    Nekkanti Srinivas Alias Baba Alias … vs The State Of Telangana on 13 April, 2026

     IN THE HIGH COURT FOR THE STATE OF TELANGANA
    
                         AT HYDERABAD
    
    
         THE HONOURABLE SMT. JUSTICE K. SUJANA
    
    
              CRIMINAL PETITION No.3518 of 2026
    
    
                        DATE: 13.04.2026
    
    
    BETWEEN:
    
    
    Nekkanti Srinivas
    
    
                                        .....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

    SPONSORED

    No.01 in Crime No.957 of 2023 before the Narsingi Police
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    Station, Cyberabad Commissionerate, registered for the

    offence punishable under Sections 20(b)(ii)(C) of NDPS Act.

    2. The brief facts of the case are that on 12.09.2023 at

    about 16:00 hours, the police allegedly intercepted a DCM

    vehicle near Narsingi Flyover and apprehended Accused

    Nos.3 and 4, from whose possession certain packets

    containing 691 kgs ganja, described in the seizure

    panchanama as dried leaves with pungent smell, were

    seized from a concealed compartment beneath vegetable

    boxes. The investigation was completed and the charge

    sheet was also filed vide S.C.NDPS No.64 of 2025.

    3. Heard M/s. Jurislit Law LLP, appearing on behalf of

    the petitioner as well as Sri M. Ramachandra Reddy, learned

    Additional Public Prosecutor appearing on behalf of the

    respondent – State.

    4. Learned counsel for the petitioner submitted that the

    petitioner is innocent and has been falsely implicated in the

    present NDPS case without any material evidence and that

    the petitioner was not present at the scene of offence and no
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    contraband or incriminating material was recovered from

    him, while the entire seizure was from Accused Nos.3 and 4,

    who have already been granted bail. The implication of the

    petitioner is solely based on the alleged confessional

    statements of co-accused, which are inadmissible in law and

    not supported by any independent evidence. He further

    submitted that even the seizure does not prima facie satisfy

    the definition of ‘ganja’ under the NDPS Act and there are

    serious procedural lapses, including delay in sending

    samples to the FSL. He contended that the petitioner has

    voluntarily surrendered, is a permanent resident, has no

    criminal antecedents. Therefore, he prayed the Court to

    grant bail to the petitioner by allowing this Criminal

    Petition.

    5. In support of his submissions, learned counsel for the

    petitioner relied upon the judgments of the Hon’ble Supreme

    Court in Dipakbhai Jagdishchandra v. State of Gujarat

    and another, reported in (2019) 16 SCC 547, Wajid Ali @

    Tinku v. State of Rajasthan passed in SLA (Crl.) No.7049

    of 2025, Jabir Kha v. State of Madhya Pradesh passed in

    SLP (Crl.) No.2993 of 2025.

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    Crl.P.No.3518 of 2026

    6. The relevant portion of the judgment of the Hon’ble

    Supreme Court in M. Ravindran v. Intelligence Officer,

    Directorate of Revenue Intelliegence, reported in (2021) 2

    SCC 485, is extracted hereunder:

    “18. Therefore, in conclusion:

    18.1 Once the accused files an application for bail under
    the Proviso to Section 167(2) he is deemed to have
    ‘availed of’ or enforced his right to be released on default
    bail, accruing after expiry of the stipulated time limit for
    investigation. Thus, if the accused applies for bail under
    Section 167(2), CrPC read with Section 36A (4), NDPS Act
    upon expiry of 180 days or the extended period, as the case
    may be, the Court must release him on bail forthwith
    without any unnecessary delay after getting necessary
    information from the public prosecutor, as mentioned
    supra. Such prompt action will restrict the
    prosecution from frustrating the legislative mandate to
    release the accused on bail in case of default by
    the investigative agency.

    18.2 The right to be released on default bail
    continues to remain enforceable if the accused has
    applied for such bail, notwithstanding pendency of the
    bail application; or subsequent filing of the chargesheet
    or a report seeking extension of time by the prosecution
    before the Court; or filing of the chargesheet during
    the interregnum when challenge to the rejection of the bail
    application is pending before a higher Court.

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    Crl.P.No.3518 of 2026

    18.3 However, where the accused fails to apply for default
    bail when the right accrues to him, and subsequently a
    chargesheet, additional complaint or a report seeking
    extension of time is preferred before the Magistrate, the
    right to default bail would be extinguished. The
    Magistrate would be at liberty to take cognizance of the case
    or grant further time for completion of the investigation, as
    the case may be, though the accused may still be released
    on bail under other provisions of the CrPC.

    18.4 Notwithstanding the order of default bail passed by the
    Court, by virtue of Explanation I to Section 167(2), the actual
    release of the accused from custody is contingent on
    the directions passed by the competent Court granting bail.
    If the accused fails to furnish bail and/or comply with the
    terms and conditions of the bail order within the time
    stipulated by the Court, his continued detention in
    custody is valid.”

    7. On the other hand, learned Additional Public

    Prosecutor opposed the submissions made by the learned

    counsel for the petitioner stating that the petitioner is a

    drug peddler and that there are 10 crimes were pending

    against the petitioner. He further submitted that the

    investigation is in progress and if the petitioner is released

    on bail, at this stage, he may tamper with the evidence and

    may threaten the witnesses. Hence, he prayed the Court to

    dismiss the criminal petition.

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    Crl.P.No.3518 of 2026

    8. In the light of the rival submissions and upon perusal

    of the material available on record, this Court is required to

    examine whether the petitioner is entitled to the relief of

    default bail under Section 167(2) Cr.P.C. read with Section

    36A(4) of the NDPS Act, as interpreted by the Hon’ble

    Supreme Court in M. Ravindran (cited supra).

    9. It is not in dispute that the petitioner is in judicial

    custody from 14.08.2025. The statutory period prescribed

    for completion of investigation in NDPS cases involving

    commercial quantity is 180 days. The petitioner contends

    that no charge sheet was filed against him within the said

    stipulated period and that no steps were taken to regularize

    his arrest within time. On the other hand, the prosecution

    asserts that the charge sheet had already been filed before

    the trial Court, though the petitioner was shown as

    absconding at the time of filing of the said charge sheet, and

    that subsequently a supplementary charge sheet has also

    been filed after securing his presence.

    10. As laid down by the Hon’ble Supreme Court, the

    indefeasible right to default bail accrues to an accused only
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    when (i) the investigation is not completed within the

    prescribed period, and (ii) the accused avails such right by

    filing an application before filing of the charge sheet. If the

    charge sheet is filed prior to the filing of the bail application

    invoking default bail, such right stands extinguished.

    11. In the present case, the material placed before this

    Court indicates that the charge sheet was already filed

    before the competent Court, though the petitioner was

    shown as absconding. After his arrest was regularized, the

    prosecution has also taken steps by way of filing a

    supplementary charge sheet. Therefore, it cannot be said

    that there is a complete failure on the part of the

    investigating agency to file the final report within the

    statutory period so as to vest the petitioner with an

    indefeasible right to default bail.

    12. Further, on merits, the contraband seized is of

    commercial quantity i.e., 691 kgs of ganja, attracting the

    rigours of Section 37 of the NDPS Act. The allegations

    against the petitioner, coupled with his involvement in

    multiple other cases as stated by the prosecution, disentitle
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    Crl.P.No.3518 of 2026

    him from being released on bail at this stage, as this Court

    is not satisfied that there are reasonable grounds to believe

    that he is not guilty of the offence or that he is not likely to

    commit any offence while on bail.

    13. Accordingly, this Court is of the considered view that

    the petitioner is neither entitled to default bail nor to regular

    bail on merits. Hence, the Criminal Petition is liable to be

    dismissed.

    14. Accordingly, this Criminal Petition is dismissed.

    Miscellaneous applications, if any pending, shall

    stand closed.

    _______________
    K. SUJANA, J
    Date: 13.04.2026
    SAI
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    Crl.P.No.3518 of 2026

    THE HONOURABLE SMT JUSTICE K. SUJANA

    CRIMINAL PETITION No.3518 of 2026

    Date: 13.04.2026

    SAI



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