THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.8329 of 2025

ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner/accused No.10 seeking anticipatory bail in the event of her arrest in Crime No.42 of 2024 of Prohibition and Excise Police Station, Narayanaguda, Hyderabad, registered for the offence punishable under Section 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS Act’).

2. The brief facts of the case are that on 17.12.2024 at about 7.15 p.m. on reliable information regarding illegal possession and transportation of dry ganja, the Prohibition and Excise Inspector of STF C-Team, Hyderabad, and staff along with the panchas conducted raid at opposite to Saibaba Temple Lane, Beside Victoria Ground, Chaderghat, Hyderabad, and found accused Nos.1 to 4 were in possession of 20.5 Kgs. of dry ganja and on enquiry, they revealed that they brought the ganja on the instructions of accused Nos.9 and 10 from accused Nos.5 and 6, who were standing beside them, and they are going to transport the ganja to accused Nos.11 to 13 to sell locally. On further enquiry, accused Nos.5 and 6 revealed that on instructions of accused Nos.7 and 8 they transported the dry ganja from Andhra- Odisha border to Hyderabad by bus to deliver. The police seized the contraband under a cover panchanama and registered the crime.

3. Heard Mr. Ch. Ravinder, learned counsel, representing Mr. B. Nageswara Rao, learned counsel for the petitioner, 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 she was falsely implicated in the above said crime basing upon the confessional statement given by the other accused. The police with an intention to harass the petitioner, they implicated her in the present crime, though the petitioner has not committed the offence. The police previously implicated her in a PD case. Questioning the same, the petitioner approached this Court and filed W.P.No.21653 of 2024 and the Division Bench of this Court allowed the said writ petition on 17.10.2024 and set aside the order of detention dated 12.06.2024 and by giving cogent reasons. The police with an intention to harass the petitioner implicated the her in the present crime. Even according to the panchanama, the only allegation made against the petitioner and accused No.9 is that at their instance, the other accused brought ganja. The alleged contraband was not seized from the possession of the petitioner. Hence, the ingredients under the provisions of the NDPS Act are not attracted. He further submitted that basing on the confessional statement, the prosecution is not entitled to implicate the petitioner as an accused. He further submitted that the petitioner is house wife and she is ready and willing to cooperate with the investigation, if any, and also abide by the conditions, which are going to be imposed by this Court.

4.1. In support of his contention, he relied upon the judgments of the Hon’ble Apex Court in Dipakbhai Jagdishchandra Patel v. State of Gujarat and another1; and Vijay Singh v. State of Haryana, 2023 SCC OnLine SC 1235 and contended that basing on the confessional statement, the police are not entitled to implicate the petitioner as an accused and the same is not admissible under the provisions of Section 25 of the Indian Evidence Act, 1872.

5. Per contra, learned Additional Public Prosecutor submitted that the petitioner has committed grave offence under the

1 (2019) 16 SCC 547

provisions of the NDPS Act. The police seized contraband i.e., 20.5 kgs of dry ganja, which is commercial quantity. There are specific allegations levelled against the petitioner that at her instance and accused No.9, the other accused brought the ganja. The petitioner is absconding since the d