MOHD GHOUSE KHAN, v. The State of Telangana,
Court: High Court for State of Telangana
Bench: J SREENIVAS RAO
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2026-04-29. MOHD GHOUSE KHAN, v. The State of Telangana,. Read the judgment and case details on LawSphereX.
Judgment text
[ 3303 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAD WEDNESDAY, THE TWENry NINTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HON'BLE SRI JUSTICE J. SREENIVAS RAO CRIMINALPETITION NO: 6752 0F 2026 Between: MOHD GHOUSE KHAN, S/o. MOHD HABEEB KHAN, Age: 55 years, Occ: Driver, R/o. 8-3-237fin9N6 P, Laxmi Narasimha yousufguda, Nagar, Hyderabad 500045. - ... petitioner/Vehicle Owner AND 1 The State of Telangana, Rep. by public its prosecutor, High Court Buildings, Hyderabad - 500 066. 2 Sub lnspector of Police, pS Bhadrachalam Town, Bhadrachalam. (De_Facto Complaina nt) ... Respondents Petition under section 529 of BNSS praying that in the circumstances stated in the Memorandum of Ground. s of criminar Fetitioi, tne uign court may ou pr"ri"o to reduce. the-amount passed in order dated o2-w:-2026 in crl Mp No. 56 0f 2026 in crime No.
356 of 202s, ps Bhadracharam Town oy Learneo speciar Sessions Judge for NDPS Act-cum-r Addr Sessions J_udge, Kothaiuaem oistiict at rotrraguoem, in the. exercise. inherent powers under sed+az c-Dt or Sec s2g et{ss to"me;t tne ends of Justice. This Petition comino on for trcaring, upon perusing the Memorandum of Grounds of criminar petition and upon nelring the irguments of Mr. syed Ahmed, Advocate for the petitioner and Mr. Jithende-r Rao Veeramalla, Additional pubric Prosecutor on behalf of the Respondents. The Court made the following: ORDER IN THE HIGH COURT F'OR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 6752 of 2026 Date:29. 04. 2026 Between: Mohd Ghouse Khan . . Petitioner AND The State of Telangana irnd anothcr . . Respondents Order: This Criminal Petition has been filed aggrieved by the order dated 02. 03.
2026, passed by the learned Special Sessions Judge for the Trial of Cases under Narcotic Drugs psychotropic and Substances Act-cum-l Additional Sessions Judge, at Kothagudem (for short, 'the trial Court') in Crl. M. p. No. S6 of 2026 in Crime No. 356 of 2025, insofar as to the extent of directing the petitioner to execute a personal bond for Rs. 10,O0,000/-with two solvent sureties is concernerl. 2. Heard Mr. S1. ,:cl Ahmed, learned counsel for the petitioner, and Mr. Jithendar Rao Veeramalla, learned public Additiona,l Prosecutor, appearing on behalf of respondents. 3. With thc consent of both the learned counsel, this criminal petition is disposed rrf at the stage of admission. 4. l,earned counsel for the petitioner submitted that the petitioner is the owner of the vehicle i. e. , Goods Carriage Ashok Leyland Ltd. , bearing No. TS-07-UC-6969 and the said vehicle was seized by the Bhadrachalam Town Police, in connection with Crime No.
356 of 2025 for the offences under sections 8(c) read with 2O(bXirXC), 27(A), and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner is not an accused in the said crime and he is the owner of the said vehicle. He filed Crl. M. P. No. 56 of 2026, seeking interim custody of vehicle. The learned trial Court, while allowing the said application, imposed onerous condition, directing the petitioner to execute a personal bond of Rs. IO,0O,0O0/ with two solvent sureties. The value of the said vehicle is below Rs. 1O,OO,0O0/- and the petitioner is eking out his tivelihood depending upon the income arrived from the said vehicle. Unless this Court modifies the said condition, the petitioner will be put [o great hardship and the petitioner is ready and willing to comply with the other conditions imposed by the trial Court. He further requested this Court that the time which was granted by the trial court may be extended. 5.
Learned Additional Public Prosecutor submitted that the vehicle is involved in a heinous offence and the trial Court rightly imposed cost while allowing the application and there are no grounds to interfere with the cost imposed by the trial Couq! , \ --! : 6. Having considered the submissions made by the respective parties and upon perusal of the material available on record, it reveals that thc lcarned trial Court, on 02. 03. 2026, while allowing the application filed Lr_y the pctilioner, granted interim custody of the vehicle subject tht: condition that the petitioner shall execute a personal bond of Rs. 10,O0,O0O/- u,ith Lu,o solvent sureties and also imposed other conditions. 7. Taking into consideration the peculiar facts and circumstanccs and the submissions made by the learned counsel for the petitioner, this Court is inclined to modifo the condition No. l, imposed by the: trial Court. Hence, the petitioner is directed to execute a bond ol' Rs.
2,0O,O00/ - (Rupees Two Lakh only) with two solvent sureties [o the satisfaction of the learned trial Court and shall comply u,ith the conditions within a period of four (4) weeks from today. Tl-re other conditions imposed by the trial Court shall remain unaltered. B. With the above said modification; the criminal petition is disposed of. Miscellaneous applications, pending if any, shail stand closed SD/- K. BHAVANI SWAMY ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Special Sessions Judge for NDPS Act I Addl Sessions Judge, Kothagudem District at Kothagudem 2 The Slation House Officer, Bhadrachalam Town Police Station, Bhadradri Kotha udem District 3 pne CC to Mr. Syed Ahmed, Advocate tOpUCI 4. Two ccs to Pubric Prosecutor, High court for the state of rerangana, at Hyderabad [OUT] 5. Two CD Copies KAM/KA / I HIGH COURT DATED: 2910412026 \ ORDER THE R S ( GRLP. No. 6752 ot 2026 -) ) ( B 5 fiAY 2{t2[ ( J::. . -\ * * DISPOSING OF THE CRIMINAL PETITION AL h
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