The court emphasized that under Section 37 of the NDPS Act, bail is not permissible for offences involving commercial quantities unless reasonable grounds for belief in innocence are established.

ORDER :

J.SREENIVAS RAO, J.

This application is filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) by the petitioner/accused No.6, seeking bail in NDSC No.71 of 2023 on the file of I Additional District and Sessions Judge, Medchal Malkajgiri District at Kushaiguda (F.No.DRI/HZU/48D/ENQ-48 (INT-39)/2022, of Directorate of Revenue Intelligence, Hyderabad Zonal Unit registered for the offence punishable under Sections 22, 23, 27-A, 28 and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).

2. The case of prosecution in brief is that on 21.12.2022, the team of officers visited Plot No. 6P, Chengicherla, Telangana, and found a shed where six individuals i.e. accused Nos.3 to 8 were involved in the illicit manufacturing of Mephedrone. The officers discovered various equipments including reactors, filtration units, and drying machines, along with raw materials and semi-finished Mephedrone in different forms. Upon questioning, the suspects admitted to manufacturing Mephedrone for sale. Accused No.2, who arrived during the raid, revealed that he supplied raw material and facilitated the acquisition of the premises. Accused No.2 also mentioned his connection with accused No.1, who financed the operation through hawala channels. The suspects used vehicles, including a TVS Jupiter and an Isuzu D-Max, to transport both raw materials and the finished Mephedrone for distribution, with accused No.1 coordinating deliveries. Total 136.275 Kgs of Mephedrone was seized. It is further submitted that the Senior Intelligence Officer, Directorate of Revenue Intelligence, Zonal Unit, Hyderabad, has registered the crime for the aforementioned offences.

3. Heard Sri P.Vishnuvardhana Reddy, learned counsel for the petitioner and Sri Dominic Fernandes, learned Special Public Prosecutor appearing on behalf of respondent-State.

4.1 Learned counsel for the petitioner submitted that the petitioner has not committed any offence and the petitioner was not in possession of the alleged contraband, which was seized from the premises of accused No.1. The petitioner was falsely implicated in the present crime as accused No.6 only basing on the confession statement given by accused No.1 and the alleged confession statement recorded by the police under Section 67 of the NDPS Act is inadmissible as evidence incriminating the petitioner and that the ingredients of 22, 23, 27-A, 28 and 29 of the NDPS Act are not attracted against the petitioner. The police seized the contraband i.e. raw material only and not Mephedrone and without sending the said contraband to the clinical test, the Investigating Officer has treated the said contraband as Mephedrone.

4.2 He further submitted that the police have not followed the mandatory procedure as contemplated under the provisions of Sections 42 and 50 of the NDPS Act while conducting search. He further submitted that the petitioner was produced in this case on execution of Prisoner Transit Warrant (P.T.Warrant) on 22.12.2022 and since then he is in judicial custody and the Investigating Officer after completion of investigation filed final report and the same was numbered as S.C.NDPS No.71 of 2023 on the file of the I Additional District and Sessions Judge cum Metropolitan Sessions Judge at Malkajgiri, Medchal-Malkajgiri District and the same is pending. Therefore, further detention of the petitioner in judicial custody is not required. He further submitted that accused No.2 has filed Criminal Petition No.10824 of 2024 and the same was allowed on 01.10.2024 and granted bail to accused No.2. He also submitted that aggrieved by the bail granted in favour of accused No.2, respondent has approached the Hon’ble Apex Court and filed S.L.P. and the same was dismissed. Against the petitioner herein also the very same allegations are levelled and he is also entitled for grant of bail. The petitioner is ready to abide by the conditions that may be imposed by