The Hon’ble Sri Justice J.Sreenivas Rao Criminal Petition No.8179 of 2025

Order

:

This Criminal Petition is filed under Section 482 of the Bharatiya Nagarika Suraksha Sanhita, 2023 (for short, ‘BNSS’) seeking anticipatory bail to the petitioner/accused No.1 in Crime No.1064 of 2024 of Raidurgam Police Station, Cyberabad, registered for the offence punishable under Section 8(c) r/w Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. The case of the prosecution is that on 26.10.2024 at about 14:00 hours, on receipt of credible information regarding illegal possession and sale of ganja, the Sub-Inspector of Police, Raidurgam Police Station, Cyberabad, along with his staff, proceeded to a place near Road No.15, Panchavati Colony, Manikonda, Gandipet Mandal, and apprehended accused No.2 and seized 5 kgs of ganja from her. Based on the same, the aforesaid crime was registered against the petitioner/accused No.1 and other accused for the aforesaid offence.

3. Heard Mr. Gulab Singh, learned counsel for the petitioner/accused No.1 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 he is no way concerned with the seizure of contraband and even according to the complaint, seizure panchanama and remand case diary, the contraband was seized from the possession of accused No.2 only and based on her confession only, the petitioner was falsely implicated in the present crime and there are no allegations against the petitioner to connect him with the present crime and hence, the ingredients of the provisions of NDPS Act are not attracted against him. Learned counsel further submitted that the seized contraband of 5 kgs of ganja is an intermediate quantity and the petitioner be granted anticipatory bail as he is ready to cooperate with the investigation and abide by the conditions as may be imposed by this Court.

Per contra

5. , learned Additional Public Prosecutor submitted that the petitioner/accused No.1 has committed grave offence under the provisions of the NDPS Act and the police have seized 5 kgs of ganja and earlier when the petitioner had approached this Court by filing Crl.P.No.15684 of 2024 vide seeking anticipatory bail, the same was dismissed order dated 03.01.2025 and now the petitioner has again filed the present criminal petition even though there are no changed circumstances and the investigation is in progress and hence, the petitioner is not entitled for grant of anticipatory bail.

6. Having considered the rival submissions made by learned counsel for the respective parties and on perusal of the material available on record, it reveals that the contraband of 5 kgs of ganja was seized from accused No.2 and in her confessional statement, she specifically stated she is only an employee of the petitioner/accused No.1. The earlier anticipatory bail petition filed by the petitioner came to be vide dismissed by this Court order dated 03.01.2025 by giving cogent reasons and especially by relying upon the principle laid down by the Apex Court in Anarul SK v. State of West Bengal¹

7. In Tarabai v. State of Maharashtra², the Hon'ble Supreme Court observed that grant of anticipatory bail in NDPS cases may hamper the investigation and enable the accused to destroy evidence. Similarly, in Kishore Samrite v. State of Uttar Pradesh³, the Hon'ble Supreme Court reiterated that anticipatory bail should not be granted in NDPS cases as a matter of course.

8. In the light of the above judicial pronouncements and in view of the gravity of offence alleged against the petitioner and

Spl.Leave to Appeal (Crl.)No.12621/2024 dated 19.09.2024

(1983) 2 SCC 68

(2012) 10 SCC 632

as the investigation is stated to be in progress, this Court is not inclined to grant bail to the petitioner/accused No.1

9. Accordingly, the Criminal Petition is dismissed.

As a sequel, miscella