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2025 Supreme(Online)(Tel) 17987

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J. SREENIVAS RAO, J
Accused No.7 – Appellant
Versus
State – Respondent
Criminal Petition Nos. 8700 and 8716 of 2025



Advocates:
For the Appellants/Petitioners: Mr.Pasham Trivikram Reddy
For the Respondents: Mr. Syed Yasar Mamoon

Anticipatory bail in NDPS cases is not to be granted routinely; serious offences require caution to protect the integrity of investigations.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8(c), 22(c), 27(A), 29 - Anticipatory bail - Petitioners sought anticipatory bail in connection with the crime involving seizure of 770 grams of Alprazolam, which is a commercial quantity - Police seized contraband from co-accused; the petitioners contended they were falsely implicated based on confessions - The prosecution argued that the quantity involved is serious and petitioners' claims of bail based on other accused's bail were rejected - Court emphasized the serious nature of NDPS offences and the risk of hindering the investigation. (Paras 4, 6, 9)

(B) Anticipatory Bail - Not to be granted as a matter of course in NDPS cases, the Court referred to precedent that cautions against granting anticipatory bail which may obstruct investigation or allow destruction of evidence. (Paras 8, 10)

Findings of Court:
The petitioners did not establish merit for anticipatory bail given the seriousness of the allegations and ongoing investigation.

Issues: The key issue concerned whether anticipatory bail should be granted given the commercial quantity of the seized drugs and ongoing investigations.

Ratio Decidendi: Consistent judicial precedent indicates that anticipatory bail in NDPS cases should not be granted routinely to protect the integrity of the investigation process.

Result: Both Criminal Petitions are dismissed.

Table of Content
1. nature of offence and facts of the case (Para 1 , 2)
2. arguments presented by parties (Para 3 , 4)
3. court's evaluation of merits regarding anticipatory bail (Para 6 , 7 , 8 , 9)
4. conclusion and final decision (Para 10)

COMMON ORDER

Criminal Petition No.8700 is filed by the petitioner/accused No.7, and Criminal Petition No.8716 of 2025 is filed by the petitioner/accused No.8, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, ‘ BNSS ’) seeking anticipatory bail in connection with crime No.147 of 2025 on the file of the Station House Officer, Zaheerabad Town Police Station, Sangareddy District registered for the offences punishable under Section s 8 (c) r/w 22(c), 27(A) and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short ‘NDPS Act’). Hence, these two criminal petitions are heard together and are being disposed of by this common order.

2. The case of prosecution in brief is that on 15.05.2025 at 13-00 hours the Inspector of Police, Zaheerabad Town on receipt of information that one person, aged 25 years was coming from Pune side to Zaheerabad in a bus between 10-00 hours to 15-00 hours and will be delivering Alprazolam to his customer, who was coming in a car bearing No. TS 09 EV 7353, at Indraprasta Venture road, beside National Highway No.65, the police went to the said place and caught accused Nos.1 and 2 and 770 grams of Alprazolam was seized from the possession of accused No.1 in two packets @ 520 grams and 250 grams in each packet. On interrogation, accused Nos.1 and 2 confessed about the involvement of other accused persons. Accused No.2 confessed that one Seesala Nara Goud of Kamareddy purchased 5 kgs of Alprazolam in multiple phases.

3. Heard Mr.Pasham Trivikram Reddy, learned counsel for the petitioners and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent-

State.

4. Learned counsel for the petitioners submitted that the petitioners have not committed any offence and they were falsely implicated in the present crime as accused Nos.7 and 8 only basing upon the confession statement given by the other accused. The alleged contraband was seized from the other accused. Hence the ingredients of Sections 8(c) r/w 22(c), 27(A) and 29 of the NDPS Act are not attracted against the petitioners. He further submitted that accused Nos.2, 4 to 6 and 10 were arrested and they were enlarged on bail. Even according to the prosecution, 17 witnesses were examined. He also submitted that entire investigation has been completed except filing of charge sheet. He further submitted that accused No.7 is accused in Crime No.148 of 2025 on the file of Bodhan Rural Police Station, wherein the learned Additional District and Sessions Judge, Nizamabad granted bail to the petitioner/accused No.7 on 02.06.2025. The petitioners are ready and willing to cooperate with the investigation and they will abide by the conditions, which are going to be imposed by this Court. Hence, prayed to grant anticipatory bail to the petitioners. 5. Per contra, learned Additional Public Prosecutor submits that the petitioners have committed the grave offence and the police seized the contraband i.e. 770 grams of Alprazolam, which is in commercial quantity. He further submitted that the petitioners are not entitled to seek anticipatory bail merely on the ground of granting regular bail in favour of other accused. Especially, accused No.7 is involved in another similar offence in Crime No.148 of 2025 and the investigation is under progress. Therefore, the petitioners are not entitled for grant of anticipatory bail.

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 contraband i.e. 770 grams of Alprazolam, which is in commercial quantity. As per the provisions of the NDPS Act, 5 grams of Alprazolam is small quantity and 100 grams of Alprazolam is commercial qua

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