Bail under the NDPS Act requires the accused to demonstrate reasonable grounds for believing they are not guilty, especially when substantial commercial quantities of contraband are involved.

ORDER :

(T. Mallikarjuna Rao, J.)

1. This Criminal Petition is filed by Petitioner/Accused No.2 under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C’) seeking regular bail against Crl.M.P.No.14 of 20224 in NSC.No.6 of 2024 [in C.No.VIII/10/20/2023-Prev, on the file of Customs Commissionerate (Preventive), Vijayawada] on the file of II Additional District Judge-cum- Metropolitan Sessions Judge Court, Vijayawada (for short, ‘Special Court’), registered for the offences punishable under sections 20, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).

2. The Prosecution outlines that on receipt of credible information received by the Additional Commissioner of Customs, Customs Commissionerate (Preventive) Vijayawada, the Inspector of Customs, on the even date of 24.06.2023 secured two witnesses and laid a route watch opposite to Reliance Trends store, Prasadampadu, Vijayawada and intercepted a white colour Maruti Suzuki Swift Dzire car bearing No.MH 03 BC 1345 and found four persons therein. Petitioner/A.2 was found in the said car beside the driving seat. Later on search of the car, the Inspector of Customs found 46 packets of Ganja weighing about 94.209 kgs, and subsequently, found one TATA Intra V30 van bearing No.TS08 UH 6790 and found two persons therein and on search of the said van, 29 bags of Ganja weighing 311.020 kgs were recovered. After the seizure of the contraband and the aforesaid two vehicles on 25.06.2023, the Customs officials recorded the statement of the accused under section 67 of the NDPS Act and arrested him on 26.06.2023. Based on the application of the Superintendent of Customs, the IV Additional Chief Metropolitan Magistrate, Vijayawada, has issued a Section 52A inventory certificate on the even date of 22.07.2023.

3. Learned Counsel for the Petitioner/Accused contends that Petitioner is innocent and has been falsely implicated in this case; Respondent has not followed the mandatory procedure enumerated under section 52A (2) of NDPS Act; the inventory certificate issued by learned Magistrate on 22.07.2023 is silent about the drawing of samples in his presence; Petitioner preferred a bail petition in Crl.M.P.No.14 of 2024 in NSC No.6 of 2024 before the learned Special Court and the same was dismissed on 09.02.2024; the investigation in the present case is completed and the charge sheet is filed by the Respondent-Police and the same is numbered as NSC.No.6 of 2024 on the file of Special Court; hence, there is no question of tampering witnesses and evidence in the event of enlargement of the Petitioner on bail; Petitioner is ready to produce the sufficient sureties.

4. Learned Assistant Public Prosecutor filed a counter-affidavit, contending that the purported contraband in question constitutes a substantial commercial quantity; A.1 to A.6 were arrested on 26.06.2023 under section 42 of NDPS Act; the customs officials has very strictly followed procedures of NDPS Act and have also recorded the sworn statements of Accused persons; the Accused persons admitted to their respective role in the illicit dealing of Ganja and they have also admitted to the contents of the panchanama dated 25.06.2023; Inventory and sampling proceedings were conducted before the concerned Magistrate of Vijayawada and the Customs Revenues Control Laboratory (CCRL), Chennai and Chemical Analysis Reports confirmed that the “the samples are Cannabis (Ganja) and is covered under NDPS Act”; A.1 to A.6 have got knowledge about the illegal transportation of Ganja in two vehicles and therefore, section 35 of NDPS Act is applicable and the accused are liable to be punished; the Special Court, while dismissing the bail application, has observed that as huge quantity of contraband is seized, bar under section 37 of NDPS Act applies to the present case; there are no reasonable grounds to conclude that the Petitioner is not guilty of an offence under NDPS Act to get relie