THE HON'BLE SRI JUSTICE J.SREENIVAS RAO + CRIMINAL PETITION No.7217 of 2025 % Dated 03.07.2025 # Shri Sayyad Ashraf S/o Shri Mohiuddin, age about 44 years, occ: private employee R/o H.No.005, Chandesh Mandir, Near Bhayandar Flyover, Bhayandar, Mumbai, Maharashtra State.

….Petitioner VERSUS $ The State of Telangana, Revenue Intelligence, Hyderabad zone unit H.No: 10-2-289/57 & 2, Suryawanshi resident, II cross road, Shantinagar, Masdab Tank, Hyderabad-500028 (Rep. by its Public Prosecutor, High Court at Hyderabad.

… Respondent ! Counsel for Petitioners : Sri Ashwin Kumar ^ Counsel for Respondent No.1: Sri Syed Yasar Mamoon, Addl.P.P.

< GIST:

> HEAD NOTE:

? CITATIONS:

1. 2023 LawSuit (SC) 1247 2. 2025 LawSuit (SC) 213

3. 2024 SCC OnLine SC 3848

HON’BLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 7217 of 2025

ORDER

This Criminal Petition is filed under Section 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) by the petitioner, who is arrayed as accused No.2, seeking bail in S.C.NDPS No.1794 of 2022-New (Old S.C.NDPS No.129 of 2021) on the file of the I Additional District and Sessions Judge, Medchal-Malkajgiri District, in connection with Crime file No.DRI/HZU/48-A/ENQ-122(INT)/2020 on the file of the directorate of Revenue Intelligence, Hyderabad Zonal Unit, Malkajgiri District.

2. Heard Mr.Ashwin Kumar, learned counsel for the petitioner and Mr.V.T.Kalyan, learned counsel, representing Mr. N. Avaneesh, learned standing counsel for the respondent.

The case of the prosecution :

3. The sum and substance of the case of the Directorate of Revenue Intelligence (DRI) is that on prior information, on 15.12.2020 at about 13.00 hours, they secured the independent witnesses and a way laid at Sree Bekary, Temple Alwal, Secunderabad and they found that the petitioner – accused No.2 alighted from the auto and meanwhile, accused No.1 came to him and handed over the polythene parcel. Then the DRI Officials intercepted and seized the polythene parcel from the possession of the petitioner – accused No.2 and both of them were taken to custody. Thereafter, on the disclosed statement made by accused No.1, the officials went to M/s. Sri Anjaneya Engineering Works, IDA, Jeedimetla, Hyderabad and there, they found raw material used for making prohibited drugs. The officials also found that the seized polythene cover contains Mephedrone weighing about 3156 grams, which is commercial quantity. The officers had conducted panchanama at M/s. Sri Anjaneya Engineering Works, IDA, Jeedimetla, Hyderabad showing the seizure of polythene bag done at Sree Bekary and also raw material and other equipments used for manufacturing activity at Engineering Works at Jeedimetla.

Thereafter, the present complaint is filed.

Submissions of learned counsel for the petitioner :

4. Learned counsel for the petitioner submitted that the petitioner did not commit the alleged offence and he was falsely implicated in the present case as accused No.2. He further stated that the contraband was seized in one place, whereas the search and seizure panchanama was conducted at different place. The investigation agency has not followed the mandatory procedure and established standing orders. The petitioner was arrested on 11.12.2020 and since then he is in judicial custody i.e. more than four and half years and he is not having any criminal antecedents. Hence Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) is not come in the way of granting bail to the petitioner.

4.1. He further submitted that at the instance of the prosecution, the matter before the trial Court underwent several adjournments and they have taken more than five months time from 29.02.2024 to 12.09.2024 with an intention to keep the petitioner behind the bars. He also submitted that the prolonged incarceration of the petitioner violates fundamental right guaranteed under Article 21 of the Constitution of India and in such a situation, the conditional libe