Bail in drug-related offences under NDPS Act is non-bailable if conditions of Section 37 are not satisfied.

ORDER:

This Criminal Petition is filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to, as ‘ BNSS ’) seeking bail to the petitioner/accused No.3 in connection with Crime No.1 of 2025 of Cyberabad Narcotics Police Station, TG Anti-Narcotics Bureau, registered for the offences punishable under Sections 8(c), 22(b), 22(c), 27A and 29 of the Narcotic Drugs and Psychotropic Act, 1985 (for short ‘NDPS Act’).

2. The case of the prosecution is that on 03.04.2025 at 21.00 hours, the Inspector of Police, Cyberabad Narcotic Police Station, TG Anti-Narcotic Bureau, received information that some Nigerians, who were residing at Flat No.301, AY Residency, Road No.10, Happy Homes Colony, Upperpally, Rajendra Nagar, Hyderabad, are indulging in illegal supply of drugs to the customers and that they along with the petitioner running Fine Multipurpose Services at Malakpet, Hyderabad are assembling at Flat No.301, AY Residency, Road No.10, Happy Homes Colony, Upperpally, Rajendra Nagar, Hyderabad, for the settlement of their financial transactions. They are handled by one Divine Ebuka Suzee @ Ebuka @Lebuka @ Emmanuel @ Level, who is presently at Nigeria, was earlier residing with them in Upparpally assisted by his brother Ezeonyili Franklin Uchenna @ Kelechi and getting drugs from New Delhi through Onuoha Blessing R/o Bangalore. In 2024 after the arrest of Blessing in Hyderabad, Divine Ebuka Suzee fled away to Nigeria and operated this drug racket from Nigeria. Emma and Big Joe procured some Indian and Foreign bank accounts through accused No.3 and gave them to Ebuka, who in turn gave them to his customers and the customers who want drugs will deposit the required money into these accounts and Ebuka gets the drug delivered to them through Emma and Big Joe, Later Emma and Big Joe will approach Mateen, who will deliver the money to Emma and Big Joe, who will in turn route this money to Nigeria through various illegal channels. The accused are assembling at premises bearing Flat No.301, AY Residency, Road No.10, Happy Homes Colony, Upperpally, Rajendra Nagar, Hyderabad, to plan for the delivery of drugs and finalise their financial transaction. The officers after complying with all the provisions of law reached near the premises bearing Flat No.301, AY Residency, Road No.10, Happy Homes Colony, Upperpally, Rajendra Nagar, Hyderabad at 12:00 hours and concealed presence within the vicinity of the premises. Accused Nos. 1 and 2 voluntarily disclosed that they are indulging in selling Cocaine and MDMA to their customers in Hyderabad and they are handled by Divine Ebuka Suzee, who procures drugs from New Delhi and collects money from the customers in some bank accounts provided by Mateen, who will in turn deliver the cash to them. The accused were indulging in procuring and selling the contraband of 52.29 gms. of MDMA and 16.45 gms of cocaine from A1 and A3 and the same is recovered and concerned accused were arrested. Hence on such statement, the present crime was registered for the aforementioned offences.

3. Heard Sri L.K.Sharma, learned counsel for the petitioner/accused No.3, and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor, appearing for the respondent-State.

4. Learned counsel for the petitioner submitted that the petitioner has not committed any offence, and he was falsely implicated in the present crime. He further submitted that the alleged contraband was seized from the other accused and the petitioner was implicated in the present crime only basing on the confession statement given by accused Nos.1 and 2. The only allegation made in the complaint and remand case diary is that the petitioner provided financial assistance, which he catego