THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION NO.7857 of 2025

ORDER

This Criminal Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) seeking anticipatory bail to the petitioner/accused No.4 in Crime No.398 of 2025 of Patancheru Police Station, Sangareddy District, registered for the offence punishable under Section 8(c) r/w Section 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. The case of the prosecution is that on 08.05.2025 at about 04:00 p.m., on receipt of credible information regarding illegal transport of dry ganja, the Sub-Inspector of Police, Patancheru Police Station along with his staff, proceeded to Muthangi Toll Plaza and conducted vehicle check and apprehended accused Nos.1, 2, 5 and 6 and seized 106.8 kgs of dry ganja from them. Based on the same, the aforesaid crime was registered against the petitioner/accused No.3 and other accused for the aforesaid offence.

3. No representation on behalf of the petitioner. Heard Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent/State.

4. The petitioner averred that 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 Nos.1, 2, 5 and 6 only and based on their confession and 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 and the bar under Section 37 of the NDPS Act are not attracted against him. It is further averred that the petitioner is not having any criminal antecedents and he is ready to cooperate with the investigation and abide by the conditions as may be imposed by this Court and hence, prayed for grant of anticipatory bail.

5. Learned Additional Public Prosecutor submitted that petitioner/accused No.4 has committed grave offence under the provisions of the NDPS Act and the police have seized 106.8 kgs of dry ganja, which is more than the commercial quantity and the investigation is under progress and at this stage, the petitioner is not entitled for grant of anticipatory bail.

6. Having considered the submissions made by the learned Additional Public Prosecutor and on perusal of the material available on record, it reveals that the police seized 106.8 kgs of dry ganja, which is more than commercial quantity. The record reveals that accused Nos.1 to 7 and 16 hatched a plan to purchase dry ganja from accused Nos.12 to 15 at Andhra- Odisha Border and they proceeded to AOB area on two vehicles and purchased dry ganja from accused Nos.12 to 15 and 16 and proceeded to their destination i.e, Karnataka to handover the purchased dry ganja to accused Nos.8 to 11 and 17 and in the meantime, the police seized the contraband on 08.05.2025. The record further discloses that very same allegations are levelled against accused No.3 and he approached this Court and filed Crl.P.No.7692 of 2025 for grant of anticipatory bail and this Court dismissed the same on 02.07.2025. Hence, the contention raised by learned counsel for the petitioner that there are no allegations, much less specific allegations, levelled against the petitioner so as to attract the ingredients of the provisions of NDPS Act is untenable.

7. At this stage, it is pertinent to note Section 37 of the NDPS Act, which reads as under:

“37. Offences to be cognizable and non-bailable. –

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),-- (a) every offence punishable under this Act shall be cognizable;

(b) no person accused of an offence punishable for 1[offences under section 19 or section 24 or section 27A and also for offences involving commercial quantity] shall be released on bail or on his own bond unless- -

(i) the Public Prosecutor has been giv