The Court made the following:

COMMON ORDER:

The instant petitions under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) read with Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) have been filed by the State / Directorate of Revenue Intelligence seeking cancellation of the bail granted to the Respondents / Accused Nos.3 and 4 under Orders dated 20.09.2024 in Crl.M.P.Nos.1256 and 1257 of 2024 in NDPS S.C.No.51 of 2024 by the learned Special Sessions Judge for trial of the cases under the NDPS Act-cum-I Additional District and Sessions Judge, East Godavari, Rajamahendravaram.

2. As the Complainant and Accused Nos.3 and 4 in these petitions relate to the same case, for ease of understanding, they are disposed of by this common order.

3. The case of the prosecution, in epitome, is that, on 15.02.2024 at about 20.45 hours, the Officers of Directorate of Revenue Intelligence, his staff and mediators conducted surveillance on NH-16 road towards Vijayawada on Chennai-Kolkata Highway, near new Swagat Hotel, Dhaba-2, Godavari 4th Bridge, Diwancheruvu, Rajamahendravaram, noticed a water tanker attached with a tractor bearing No.AP 05 CB 1639 with two persons and also two other persons on a Bajaj Pulsar motorcycle closely escorting the said tractor, who are Accused Nos.1 to 4 and intercepted them. On search, they found 790.73 kgs of Ganja and seized the same along with the vehicles under the cover of mediators’ report.

4. Heard Ms.Santhi Chandra, learned Senior Standing Counsel for State / DRI and DGGI and Sri Duggirala Subhash, learned counsel for Respondents / Accused Nos.3 and 4.

5. Learned Senior Standing Counsel for State / DRI and DGGI would submit that the investigation in the present case has been completed and charge sheet has also been filed before the trial Court on 12.08.2024, which is well within the statutory period. It is further submitted that, certain minor objections raised during scrutiny, were also complied with and the charge sheet was also numbered as NDPS S.C.No.51 of 2024. However, the learned trial Judge, considering the submission of the learned Special Public Prosecutor that charge sheet was not filed even after lapse of statutory period, had granted statutory bail to Accused Nos.3 and 4 by holding that charge sheet was not filed even after lapse of 180 days and also no application under Section 36A(4) of NDPS Act has been filed seeking extension of time for filing charge sheet. It is submitted that minor procedural irregularities cannot be used as a basis to grant bail in serious cases involving commercial quantities of narcotics. It is further submitted that the learned trial Court considered the date of representation of the charge sheet as the actual filing date and granted bail on the premise that the charge sheet was not filed within the statutory period. Learned Senior Standing Counsel would further submit that, prima facie case is made out against Accused Nos.3 and 4 and huge quantity of contraband i.e., 790.73 kgs of Ganja was also seized from their possession. It is argued that, in view of the embargo as contained in Section 37 of NDPS Act, Accused Nos.3 and 4 cannot be granted bail. It is further submitted that Section 167(2) of Cr.P.C has no application in the matters pertaining to the offences under NDPS Act. It is submitted that the severity of the crime and the potential impact of the seized contraband on the society must be considered while granting bail to the Accused in these types of cases. Learned Senior Standing Counsel would further submit that Accused Nos.1 and 2 in the present case filed Crl.M.P.No.1039 of 2024 before the trial Court seeking regular bail and the same was dismissed vide Order dated 09.07.2024. Thereafter, Accused Nos.1 and 2 had approached this Court by filing Crl.P.No.5439 of 2024 seeking bail, which was allowed vide Order dated 01.10.2024 by holding that they