THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.5000 of 2025

ORDER:

This Criminal Petition is filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking bail to the petitioner/accused No.2 in Crime No.36 of 2025 on the file of Chandrayangutta Police Station, Hyderabad, registered for the offences punishable under Sections 8(c) and 20(b)(ii)(C) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS Act’).

2. The brief facts of the case are that on 06.02.2025 at 20.30 hours, on credible information, the Sub-Inspector of Police, Chandrayanagutta, along with other staff proceeded to Chadranyanagutta X Road and intercepted a Hyundai Venue car bearing No.TS 15 FC 8882. During the inspection of the vehicle, they found 200.600 kgs. of Ganja and the petitioner, who is driving the car, confessed that he is supplying the Ganja and also involvement of accused Nos.1 and 3. The police seized the said Ganja under a cover of panchanama. Hence, the complaint.

3. Heard Mr. V. Raghunath, learned Senior Counsel representing Mr. K.Ajith Reddy, 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 he was falsely implicated in the above said crime. The petitioner went to his in- laws village, namely Pocharam Thanda, in his vehicle i.e., Hyundai Venue Car, and the same was also reflected in the tollgate history that he crossed Dharmavaram Toll Plaza. He reached his in-laws village on 04.02.2025 around 10.30 p.m. While, the petitioner was crossing the area around 01.00 a.m. on 05.02.2025, the police arrived at 2.30 a.m. in a red Innova bearing No.AP 13 N 6803 and they apprehended him at HP Petrol Pump situated between Chatpa Village and Abyanda Village, took him into custody in the Innova Car and proceeded towards Narayankhed. He further submitted that the police sprinkled chilli powder into the petitioner’s eyes at the time of apprehension, forcibly placed him into the Innova car and one of the police officers took the petitioner’s vehicle, following the said red Innova vehicle. They proceeded to Narayankhed at around at 4.00 p.m. and from there proceeded to Nizampet National Hiway No.167 around 4.24 a.m. and around 06.36 a.m. they reached Tadanpally Toll Plaza at Sanga Reddy. The petitioner was implicated in the present case as accused No.2, though he has not committed the offence. He further submitted that the Police without following the mandatory procedure prescribed under Section 52 of the NDPS Act, seized the contraband. The petitioner was arrested on 07.02.2025 and since then he has been in judicial custody. The petitioner is not having any other criminal antecedents and material part of the investigation is completed. The petitioner 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. Hence, the petitioner is entitled for grant of bail.

5. On the other hand, learned Additional Public Prosecutor opposed the bail stating that the petitioner is involved in a grave offence and 200.600 kgs. of Ganja was seized from the petitioner and other accused, which is a commercial quantity, and the investigation is under progress. Further, the petitioner has involved in similar crime i.e., Crime No.458 of 2020 of Excise Police Station, Shamshabad. Hence, at this stage, the petitioner is not entitled for grant of bail.

6. Having considered the rival submissions made by respective parties and after perusal of the material available on record, it reveals that the police seized 200.600 kgs. of Ganja, which is commercial quantity. According to the learned Additional Public Prosecutor, the investigation is under progress. The written instructions furnished by the Sub-Inspector of Police, Chandrayangutta Poli