ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘BNSS’) seeking anticipatory bail to the petitioner/accused No.6 in Crime No.624 of 2024 on the file of P.S. Mailardevpally, Cyberabad, registered for the offences punishable under Sections 8(c), 22(c), 27(a) and 29 of Narcotic Drugs And Psychotropic Substances Act, 1985 (for short, “the NDPS Act”).

2. The case of prosecution in brief is 27.07.2024, the petitioner along with other accused was found in possession of 90 grams of MDMA.

Basing the same, a case was registered in Crime no.624 of 2024.

3. Heard Sri Syed Mohd Sadiq Chishty, learned counsel for petitioners and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State.

4. Learned counsel for petitioner submitted that petitioner has not committed alleged offence and he was falsely implicated in the above crime. He further submitted that the contraband was seized from the possession of other accused and basing on the confession statement given by the other accused, petitioner is arrayed as accused in the present crime. He further submitted that accused Nos.1 and 2 were already released on bail and entire investigation is completed and the petitioner is ready to cooperate with the investigation and also ready to abide by the conditions, which are going to be imposed by this Court and hence, prayed for grant of anticipatory bail.

5. Per contra, learned Additional Public Prosecutor submitted that specific allegations are leveled against the petitioner/accused No.6. He further submitted that the contraband i.e., MDMA, that was seized is 90 grams, which is commercial quantity and investigation is under progress and if the petitioner/accused No.6 is granted anticipatory bail at this stage, he may tamper with the evidence and may threaten the witnesses, and hence, prayed to dismiss the petition.

6. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the police seized 90 grams of MDMA, which is commercial quantity and the investigation is not yet completed. At this stage, it is pertinent to observe that the Courts exercise caution while dealing with anticipatory bail petitions in NDPS cases due to the serious nature of these offences.

Granting anticipatory bail in regular manner may hamper the investigation, allow the accused to abscond, and undermine public interest in preventing and controlling these offences. That being so, the Hon’ble Supreme Court has consistently held that anticipatory bail should not be granted in NDPS cases as a matter of routine. In the case of Tarabai vs State of Maharashtra, [(1983) 2 SCC 68], the Hon’ble Supreme Court observed that the grant of anticipatory bail in NDPS cases may hamper the investigation and enable the accused to destroy evidence. Similarly, in the case of Kishore Samrite vs State of Uttar Pradesh, [(2012) 10 SCC 632] , the Hon’ble Supreme Court reiterated that anticipatory bail should not be granted in NDPS cases as a matter of course.

7. In light of the aforesaid judicial pronouncements and statutory provisions, and mindful of the fact that the grant of pre-arrest bail at a stage when the investigation is still in progress, may impede the investigative process and potentially prejudice the case of the prosecution, observes that there are no merits in this criminal petition to grant pre-arrest bail to the petitioner and the same is liable to be dismissed.

8. Accordingly, the Criminal Petition is dismissed.

Miscellaneous applications, pending if any, shall stand closed.

___________________________ JUSTICE J.SREENIVAS RAO Date: 26.03.2025 vsl