THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO

CRIMINAL PETITION No.5102 of 2025

ORDER:

This Criminal Petition is filed under Sections 480 & 483

of the Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘BNSS’) seeking bail to the petitioner/accused in F.No.HQPOR.No.38 of 2022-CUS.PREV., on the file of XV Additional Metropolitan Magistrate, Cyberabad, Rajendrangar, Hyderabad registered for the offences punishable under Sections 21, 23, 25A, 28 & 29 of Narcotic Drugs and

Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. The case of the prosecution is that on 26.04.2022 at 02:40 hours at Rajiv Gandhi International Airport, Hyderabad, the petitioner/accused was involved in illicit possession, transport and import of Heroin into India weighing about 1389.100 grams which is a commercial quantity in contravention of the provisions of Section 8 of NPDS Act, 1985 and the offences punishable under Sections 21, 23, 25A, 28 & 29 of the NDPS Act, 1985. The petitioner/accused was arrested on 03.05.2022 at Office of the Principal Commissioner

of Customs, GST Bhavan, L.B.Stadium Road, Basheerbagh, Hyderabad-50004 and produced before the learned XV Additional Metropolitan Magistrate at Rajendranagar, Ranga Reddy on 03.05.2022. The petitioner/accused was remanded to judicial custody and lodged in Central Prison, Chenchalguda, Hyderabad.

3. Heard Mr.Md. Fasiuddin, learned counsel for the petitioner through Video Conference and Mr.Dominic Fernandez, learned Senior Standing Counsel for CBIC for the respondent-State.

4. Learned counsel for the petitioner submitted that the petitioner has not committed the offence and he was falsely implicated in the above crime basing on the confession statement of accused and the same is not permissible under law. The police did not comply with the mandatory procedure under the provisions of Sections 50 to 52 of the NDPS Act during seizure of the alleged contraband and send it for chemical examination. He further submitted that the investigating officer have not mentioned the nature of the contraband and what are the tests which were conducted, and also the colour of the contraband drug.

4.1 He further submitted that the petitioner was arrested on 03.05.2022, since then he was in judicial custody. Even according to the prosecution, entire investigation is completed and filed charge sheet. The petitioner is not having any criminal antecedents. The petitioner is a foreigner and resident of Tanzania citizen and his passport was seized by the prosecution and the question of escaping from this Country does not arise. He also contended that the allegation made by the respondent in the counter affidavit that by virtue of committing the offence by the petitioner there is serious effect on the economy of the country is not true and correct. He further submits that petitioner is not having any criminal antecedents and he will appear before concerned court regularly to prosecute the case and also abide by the conditions which are going to be imposed by this Court. In support of his contention, he relied upon the orders passed by this Court in Crl.P.No.8958 of 2024 dated 03.09.2024, Crl.P.No.9588 of 2024 dated

23.08.2024, and order dated 23.10.2024 in Crl.P.No.12576 of 2024.

5. Per contra, learned standing counsel appearing for respondent submits that the respondent No.2 officials have seized the contraband weighing about 1389.100 grams of Herion which is a commercial quantity. The petitioner in her statement specifically stated that the drug which was seized from her possession is a banned substance and he had committed the offence for want of money. He also stated that his neighbor introduced him to Mr. Kachamboli, who asked him to gulp some capsules; that when he asked about the contents of the Capsules, he told him that the Capsules contain Heroin and told him that if he deliver the same in India, he would be paid US 3000 Dollars. He further submitted that petitioner had committed grave offence and the contraband seize