ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of pre-arrest bail to the petitioner, who is arrayed as accused No.3 in Crime No.469 of 2024 before the Narsampet Police Station, Warangal.

2. The brief facts of the case are on 28.11.2024, Sub- Inspector Ch. Ravi Kumar of Narsampet Police Station, along with his team, intercepted two individuals on a motorcycle near VNR Milk & Milk Products Marketing Office in Narsampet. The individuals, later identified as Banoth Manohar Naik and Amgoth Ravi, attempted to flee but were apprehended. Upon searching, the police seized 1.98 grams of dry ganja worth Rs.49,500, a motorcycle, and a mobile phone from the accused. Further investigation led to the seizure of an additional 3.7 kilograms of dry ganja worth Rs.92,500 and another mobile phone from Amgoth Ravi's residence in FCI Colony, Gopalpuram, Hanmakonda. The total seized ganja weighed 5.68 kilograms, valued at Rs.1,42,000/-. The accused were brought to the police station, and the seized properties were handed over to the SIIO for further action

3. Heard Sri V. Yadu Krishna Sainath, learned counsel appearing on behalf of the petitioner, and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing on behalf of the respondent-State.

4. Learned counsel for the petitioner submitted that the petitioner is arrayed accused No.3, and he is innocent and falsely implicated in a case involving 1.98 grams of ganja seized from accused No.1. He further submitted that the petitioner, an IT employee with a good reputation, allegedly had no connection with accused Nos.1 and 2. He further submitted that the police alleged that accused No.1 confessed against the petitioner, but the petitioner asserts this was false and fabricated. Since the seized ganja was an intermediate quantity, the petitioner is entitled to anticipatory bail under the NDPS Act. Therefore, prayed this Court to grant pre-arrest bail to the petitioner by allowing this criminal petition.

5. On the other hand, learned Additional Public Prosecutor vehemently opposed the submissions made by learned counsel for petitioner, stating that the allegations leveled against the petitioner are serious in nature. At this stage, granting of pre-arrest bail to the petitioner does not arise. Therefore, he prayed the Court to dismiss the Criminal Petition.

6. Having regard to the rival submissions made and on going through the material placed on record, it is noted that the primary contention of learned counsel for petitioner is that the petitioner is entitled for the relief of anticipatory bail as no contraband was seized from his possession and that he is innocent and no way connected with the offence as alleged. However, it is pertinent to mention that the offence alleged against the petitioner was altered and the present case is for the offences punishable under NDPS Act.

7. The Hon’ble Supreme Court has consistently held that anticipatory bail should not be granted in NDPS cases as a matter of routine, as the same may hamper the investigation and enable the accused to destroy evidence. Further, in the case of Anarul SK Vs. State of West Bengal¹ the Hon’ble Supreme Court observed that grant of anticipatory bail in cases involving NDPS is a very serious issue.

8. In light of the above discussion, this Court is of the opinion 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, as such, there are no merits in this criminal petition to grant pre-arrest bail to the petitioner and the same is liable to be dismissed.

9. Accordingly, this Criminal Petition is dismissed.

Miscellaneous applications, if any pending, shall stand closed.

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K. SUJANA, J Date: 18.02.2025 SAI

1 Petition for Special Leave to Appeal (Crl.)No.12621/2024 dated 19.09.2024