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IN THE HIGH COURT OF TELANGANA
J.SREENIVAS RAO
Deepak Bhagat – Appellant
Versus
Union of India – Respondent
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
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.
Bail – Parameters for grant of bail are narrow in NDPS offences.
The central legal point established in the judgment is the interpretation of 'reasonable grounds' for granting bail under Section 37 of the NDPS Act and the determination of commercial quantity based....
Conscious possession of contraband established; breach of procedure insufficient for bail under NDPS Act.
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