THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.11524 of 2025

ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of pre-arrest bail to the petitioner, who is arrayed as accused No.5 in Crime No.62 of 2025 before the Prohibition and Excise Police Station, Dhoolpet, Hyderabad.

2. The brief facts of the case are that on 11.07.2025, at about 12:20 pm, based on reliable information about ganja smuggling, the Prohibition and Excise Sub-Inspector and staff of SHO Dhoolpet, Hyderabad conducted a route watch along with panchas. They intercepted a red Scooty ridden by accused Nos.1 and 2. Upon consent, the vehicle was searched and a brown package containing dried ganja weighing approximately 3.018 kgs was seized.

3. Heard Sri Umesh Singh, learned counsel appearing on behalf of the petitioner as well as Sri D. Arun Kumar, learned Additional Public Prosecutor appearing on behalf of the respondent – State.

4. Learned counsel for the Petitioner submitted that the allegations against the petitioner were entirely false and unsubstantiated, as no material evidence linked her to the crime. He further submitted that the petitioner had never engaged in ganja trade and was falsely implicated based on inadmissible confessions of co-accused, as per the judgment of the Apex Court judgments in Tofan Singh v. State of Tamil Nadu and Nikhil Chandra Mondal v. State of West Bengal. He further submitted that the investigation was substantially completed. Therefore, he prayed the Court to grant pre-arrest bail to the petitioner by allowing this criminal petition.

5. On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that the petitioner is drug peddler. He further submitted that the investigation is in progress and if the petitioner is released on bail, at this stage, he may tamper with the evidence and may threaten the witnesses. Hence, he prayed the Court to dismiss the criminal petition.

6. In the light of the submissions made by both the learned counsel and on a perusal of the material available on record, it appears that the present petition is filed seeking grant of pre-arrest bail in connection with Crime No.62 of 2025 of Prohibition and Excise Police Station, Dhoolpet, Hyderabad, for the alleged offences under the NDPS Act. It is well settled that anticipatory bail is not ordinarily maintainable in cases arising under the provisions of the NDPS Act in view of the stringent restrictions contained in Section 37 of the said Act, and such offences are to be dealt with strictly in accordance with the procedure prescribed therein.

7. Having regard to the nature of the allegations, the quantity of contraband seized, and the stage of investigation, this Court is not inclined to entertain the present petition under Section 482 BNSS. However, the petitioner is at liberty to approach the trial Court by filing an appropriate application seeking bail, and if such an application is filed, the trial Court shall consider and dispose of the same strictly in accordance with law and on its own merits as expeditiously as possible.

8. With the above directions, the Criminal Petition is disposed of.

Miscellaneous applications, if any pending, shall stand closed.

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K. SUJANA, J Date: 10.10.2025 SAI THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.11524 of 2025 Date: 10.10.2025 SAI