The stringent conditions under Section 37 of the NDPS Act for granting bail and the admissibility of call data as evidence.

ORDER :

All these Criminal Petitions under Sections 437 and 439 Cr.P.C. are filed by the petitioners – Accused Nos. 5, 2, 3, 4 and 1 respectively in NCB F.No. 48/1/10/2021/NCB/SUB-ZONE/H;YD on the file of Intelligence Officer, NCB, Hyderabad Sub-Zone registered for the offence punishable under Section 8(C) read with Section 22(C), 27A, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, seeking bail.

2. The case of the prosecution in brief is that on 14.08.2021, at about 13.30 hours, on receipt of reliable information that Yachamaneni Sudhakar (Accused No.1) aged about 45 years, whitish-complexioned person of Patwari Enclave, Opposite IDL Colony, Hyderabad with around 3 kgs. of Alprazolam was coming in a car bearing Registration No. AP 09 CU 7710 along with other person to sell the contraband to one Allanki Naresh (Accused No.2) for approximately Rs. 12 lakhs who will also come in a car bearing Registration No. TS 11 EC 7292 along with one other person and the exchange of contraband and money will take place near Ujwala Grand on Medak – Hyderabad Road, Gandi Maisamma, Domara Pochampally Dindigul, Medchal-Malkajgiri, at around 16.00 hours, a team of NCB, Hyderabad proceeded to the above mentioned location, secured two independent witnesses and intercepted the persons came in the above said vehicles while exchanging the bags having cash and contraband and seized 3.2 kgs. of Alprazolam, Rs.12.75 lacs cash in the presence of independent witnesses under panchanama dated 14.08.2021. Accused Nos. 1, 2, 3 and 4 were summoned to give their voluntary statements. During the course of investigation, search operations were conducted at the residence of Accused No.1 and M/s Shree Karthikeya Life Sciences, Balanagar and recovered 50 gms. of Alprazolam and raw material used in manufacture of Alprazolam.

Accused No.5 in his voluntary statement dated 15.08.2021 admitted that in January 2021, Accused No.1 approached him and asked to join his company M/s Shree Karthikeya Life Science to help him and till date, he paid Rs.1,10,000/- in cash. Later, he came to know that Accused No.4 is the partner of Accused No.1. Thereafter, Accused No.5 took single bed room pent house on rent basis in the same building where M/s Shree Karthikeya Life Science exists and every month they used to manufacture 5 kgs. of Alprazolam and used to deliver different persons located in Gummadidala and Dindigal and Accused No.1 requested to provide and drive Honda Amze car having Registration No. AP 09 CU 7710 for delivery of Alprazolam.

The accused confessed that they do not have any permission or license for manufacturing, storing, transporting, sale and possession of such chemical. It is submitted that Accused No.5 not only assisted Accused No.1 in transporting but also assisted in manufacturing Alprazolam. The voluntary statements of Accused Nos. 2 and 3 also corroborated the fact that sometimes, Accused No.1 used to come in Honda Amaze car having Registration No. AP 09 CU 7710 and sometimes, he used to come by auto rickshaw for supply of Alprazolam. Accused No.4 who worked in pharma companies assisted Accused No.1 in manufacturing the contraband.

It is stated that the seized contraband was produced before the Hon’ble XXI Metropolitan Magistrate, Cyberabad at Medchal on 19.08.2021 and samples were drawn in her presence and they were sent to CFSL, Hyderabad for chemical analysis. The CFSL report dated 22.11.2021 confirmed the presence of Alprazolam and Nordazepam (both are banned substances) in the seized contraband.

3. Crl.P.No. 297 of 2022 (Accused No.1):

Sri P. Kasi Nageswara Rao, learned counsel appearing for Accused No.1 submits that it is alleged that approximately 3.25 kgs. of Alprazolam was seized. He submits that Alprazolam is not a contraband and the same is a medicine enlisted in Schedule H1 of Drugs and Cosmetics Act. He submits that the respond