O R D E R:

This Criminal Petition is filed by the petitioner/accused No.3 under Section 437 & 439 of the Criminal Procedure Code seeking bail in Crime No. (C.O.R.No.) 157 of 2022 of Station House Officer, Prohibition and Excise, Zaheerabad, Sangareddy District, registered for the offence under Section 8 (C) read with Section 22 (b) of the Narcotic Drugs and Psychotropic Substance Act, 1985.

2. Heard Sri V. Gopalakrishna Gokhaley, learned counsel for the petitioner/accused No.3 as well as Sri T.V. Ramana Rao, learned Additional Public Prosecutor for the Respondent / State and perused the record.

3. The case of the prosecution, in brief, is that on 05.12.2022 at about 09:30 AM., the Prohibition and Excise Officials having reliable information regarding illegal transportation of Narcotic drugs from Goa to Hyderabad, by a Car bearing No. TS 07 GZ 9957 passing through the Prohibition and Excise check-post at Chiragpally, on National Highway No.65. On watch, the Excise Officials stopped Polo car and found three male and one female persons and searched the car. The two Gazetted Officers, who are available in Excise team have searched the accused No.1 and found one capsule of cocaine which is 13.7 grams weight. The accused No.1 confessed that he along with petitioner/accused No.3 and other accused purchased the said contraband at Carl-Cox event at Marbela Beach resort Goa on 03.12.2022 and that he along with three friends in the vehicle have consumed the drug together at their places and previously too they had been to Goa to take drug and further confessed that all of them have a share in purchase of said contraband. The Excise Officers have seized contraband packet, cell phones and vehicle by conducting panchanama.

4. It is submitted by the learned counsel for the petitioner/accused No.3 that the petitioner has been in judicial custody since 05.12.2022 and that the confession made by the co-accused No.1 before the Excise Officials is not admissible in law and the respondent officials have not followed the mandatory provision of Section 50 of the NDPS Act and that the petitioner is innocent and not committed any offence and sought for grant of bail.

5. Learned Additional Public Prosecutor for the State / Respondent has submitted that that the accused No.1 is found in possession of contraband and alleged to have purchased the same for his self consumption along with other accused including petitioner/accused No.3. It is further submitted that the investigation is at initial stage to ascertain as to whether the petitioner is indulged in illegal trade of drugs or he has purchased the same for his self consumption.

6. Now the point for consideration is:

Whether the petitioner/accused No.3 is entitled for grant of bail as prayed for?

7. The case of the prosecution is that Accused No.1 was found in possession of one capsule of cocaine which is weighing about 13.7 weight and that he has confessed that petitioner/accused No.3 and other accused purchased the said contraband at Carl-Cox event at Marbela Beach resort Goa on 03.12.2022 and that he along with three friends in the vehicle have consumed the drug together. The Police have seized the contraband on 05.12.2022 under the cover of confession and recovery panchanama in front of Prohibition and Excise check-post at Chiragpally on National Highway No.65, when they were travelling in the car. The petitioner –

accused No.3 has been in judicial custody since 05.12.2022.

8. The quantity of contraband seized from the possession of accused No.1 is 13.7 grams of cocaine, which is less than commercial quantity and above small quantity, thereby Section 37 of the NDPS Act will not apply to the facts of the case. Section 50 (1) of the NDPS Act reads as follows:

“50. Conditions under which search of persons shall be conducted: —

(1) When any officer duly authorised under section 42 is about to search any person under the provisions of section 41, section 42 or section 43, he shall, if such person so requires, t