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
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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