IMPORTANT POINT
The court emphasized the need for custodial interrogation and sparing exercise of the power of granting anticipatory bail in cases involving serious offences and commercial quantities of narcotics.

ORDER

T. Mallikarjuna Rao, J. - This Criminal Petition, under Section 438 of Cr.P.C., has been filed by the Petitioner/A1, seeking anticipatory bail in Cr.No.149/2020 of Kotananduru Police Station, East Godavari District.

2. The above crime was registered against the Petitioner herein and others for the offence punishable under Sections 8(c) read with 20(b)(ii)(c) of NDPS Act, 1985.

3. The Prosecution's case, in brief, is that on 11.10.2020 at about 09.00 AM, upon receipt of credible information, the Sub Inspector of Police conducted vehicle checking on Sarugudu - Rowthulapudi road, near a closed Quarry, outskirts of Mathayyapeta village, Rowthulapudi Mandal, the A.5 and A6 were caught red handed by the Police while they were found in possession of 2 Kgs of Ganja in 2 packets and while they were doing pilot to Ganja van on two motor cycles i.e., Hero Glamour bearing registration No.AP31 BX 1190 and Honda Shine bearing registration No.AP39 EP 3935 respectively belongs to A.1 and A.2; A.4 was caught red handed at 09.10 AM on the same day while he was transporting 950 kgs of Ganja packed in 38 plastic gunny bags (each bag contains 25 kgs of Ganja) over the Eicher Van bearing registration No.AP37 W 7593 along with A.1 to A.3 from Darakonda village of Visakha Agency to Rowthulapudi. A.1 to A.3 were absconded from the scene of offence. A.4 to A.6 were arrested and the Police recorded their confessional statement in the presence of mediators and also seized 950 kgs of Ganja worth Rs. 23,75,000/-, 2 packets of Ganja each 1kg total 2kgs worth Rs.5,000/- and the motor vehicles as referred to above under the cover of mediators report. Based on the mediators report, the case in above crime was registered against the Accused persons.

4. Learned counsel for the Petitioner submits that Petitioner is innocent and he has been falsely implicated in this case; no specific overt acts are attributed against the Petitioner; based on the confessional statement of A.4 to A.6, the Petitioner is arrayed as accused; except the said confessional statement, no other material has been collected to connect the Petitioner in the commission of the offence; Petitioner is not having acquaintance with the other accused; except the filing of charge sheet, the entire investigation is completed; Petitioner is ready to cooperate with the investigation and he is ready to furnish sufficient sureties.

5. Learned Assistant Public Prosecutor filed a counter-affidavit, contending that Petitioner/A.1 is doing Ganja business and he is moving in and around deep forest area, he along with A.2 purchased 950 kgs of Ganja from unknown persons of Orissa state and got loaded the said Ganja in Eicher van which was brought by Petitioner/A.1 with the driver A.3 and also with the help of A.4 to A.6; Petitioner is habituated in doing Ganja business by supplying the contraband to others; Petitioner has not involved in other cases in the jurisdiction of Tuni Rural circle.

6. I have heard both sides. Learned counsel on both sides reiterated their submissions on par with the contentions presented in the petition as well as in the counter-affidavit.

7. It is trite law that the power to grant a pre-arrest bail under Section 438 of the Cr.P.C., is extraordinary in nature and is to be exercised sparingly. Thus, pre-arrest bail cannot be granted in a routine manner. The Hon'ble Apex Court, adverting to its previous precedents, has discussed the parameters to be considered while considering pre-arrest bail applications, in the case of State of A.P. v. Bimal Krishna Kundu, (1997) 8 SCC 104 has held as under:

'8. A three-Judge Bench of this Court has stated in Pokar Ram v. State of Rajasthan [(1985) 2 SCC 597 : 1985 SCC (Cri) 297 : AIR 1985 SC 969] : (SCC p. 600, para 5)

'5. Relevant considerations governing the court's decision in granting anticipatory bail under Section 438 are materially different from those when an application for bail by a person who is arrested in the course of investigation as also