ORDER

This Criminal Petition is filed under Section 439 of Code of Criminal Procedure, 1973 (for short “Cr.P.C”) seeking regular bail to the petitioner-Accused No.2 in Crime No.348 of 2023 on the file of Station House Officer, Mangalhat Police Station, Hyderabad registered for the offence punishable under Section 37-A of the Telangana State Excise Act, which was altered to Section 8(c) read with 22 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. The case of the prosecution in brief was that on 02.11.2023 at 20:00 hours, the Sub Inspector of Police (in short SI), Mangalhat Police Station on receipt of credible information that one person, by name, A. Venaktesh Goud-accused No.1 was selling adulterated toddy in the Toddy Shop at Seetharambagh, Mangalhat, Hyderabad by mixing alprazolam, appraised the information to his superior officers, obtained authorization memo, summoned two mediators, drafted search proceedings in their presence and along with his staff proceeded to the said place and found the petitioner-accused No.2 selling the toddy. On enquiry, the petitioner disclosed his details and stated that he was working in the said shop along Dr.GRR,J Crl.P.No.1913 of 2024 with accused No.3 and accused No.1 was the owner of the shop. Accused No.1 was instructing them to mix some ingredients viz., citric acid, sugar, sodium bicarbonate and alprazolam in the toddy and to sell it to the needy customers at high price. The SI collected the samples from the toddy compound, and on return to the Police Station, registered the above crime for the offence under Section 37-A of TSE Act. The chemical examiner issued a report stating that Alprazolam substance was found in the seized items. Then, the section of law was altered from Section 37-A of TSE Act to Section 8 (c) read with read with 22 (c) of the NDPS Act.

3. Heard learned counsel for the petitioner-Accused No.2 and learned Additional Public Prosecutor for the respondent-State.

4 (a). Learned counsel for the petitioner submitted that there were violations of Rule 3 and 27 of the Andhra Pradesh Excise (Powers and Duties) Rules, 1972.

As per Rule 3, no police officer below the rank of an Inspector, was not having any power to arrest or seize articles liable for confiscation or to make searches.

As per Rule 27, the samples should be drawn only by the Excise Officials but not by the Police Officials.

Dr.GRR,J Crl.P.No.1913 of 2024 But in the present case, the SI of police conducted the search and the samples were also drawn by the SI.

4 (b). He further submitted that Section 22(c) of NDPS Act had no application as the quantity of adulterated substance was not mentioned in the report and the petitioner was in judicial custody since 24.01.2024 and prayed to grant bail to the petitioner.

5. Learned Additional Public Prosecutor opposed grant of bail to the petitioner.

6. Perused the record. Considering that in similar circumstances, this Court granted anticipatory bail to others in Crl.P.No.1218 of 2024 dated 06-02-2024 and also granted regular bail to others in Crl.P.No.11722 of 2023 dated 29-11-2023, as the adulterated substance alprazolam was not quantified and as the petitioner was in judicial custody since 24.01.2024, it is considered fit to enlarge the petitioner on bail on certain conditions.

7. Accordingly, the Criminal Petition is allowed and the petitioner- accused No.2 shall be released on regular bail subject to the following conditions:

i) The petitioner-Accused No.2 shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) Dr.GRR,J Crl.P.No.1913 of 2024 with two sureties for a like sum each to the satisfaction of the learned XVI Additional Chief Metropolitan Magistrate at Nampally, Hyderabad.

ii) The petitioner/Accused No.2 shall abide by the conditions stipulated in Section 437(3) of Cr.P.C. Miscellaneous applications, pending if any, shall stand closed.

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