THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.5975 of 2025

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 in F.NO.48/1/4/2024/NCB/HZU/3593 of the Narcotic Control Bureau, Hyderabad Zone, registered for the offences punishable under Sections 8(c) r/w 22(c), 27A, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. The case of prosecution in brief, is that, the petitioner is not arrayed as accused in the crime and the investigation is still under progress. The involvement of the petitioner would come out only after thorough investigation and as a part of investigation, summons dated 31.12.2024 has been issued. The petitioner with an apprehension of arrest has filed this petition.

3. No representation on behalf of the petitioner in the morning session and afternoon session either physical mode or virtual mode.

4. Heard Mr.S.Ramesh, learned counsel representing Mr.P.Shashi Kiran, learned Standing Counsel appearing on behalf of respondent/Union.

5. Learned counsel for the respondent submits that there are specific allegations levelled against the petitioner/accused. He further submitted that the contraband i.e., half white yellowish Alprazolam, that was seized is 6.03 kgs, which is commercial quantity and investigation is under progress and if the petitioner/accused is granted anticipatory bail at this stage, he may tamper with the evidence and may threaten the witnesses. Hence, prayed to dismiss the petition.

6. Having considered the submissions made by the learned Standing Counsel for the respondent and after perusal of the material available on record, it reveals that the police seized 6.03 kgs of half white yellowish Alprazolam, 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:07.05.2025 mmr THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.5975 of 2025

07.05.2025 mmr