THE HON’BLE SRI JUSTICE J.SREENIVASRAO CRIMINAL PETITION No.4678 of 2025

ORDER

This Criminal Petition is filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’), by the petitioner, who is arrayed as accused No.7, seeking bail in Crime No. 438 of 2024 of Kachiguda Police Station, Hyderabad, registered for the offence punishable under Sections 8(c) read with Section 20(b)(ii)(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as, ‘the NDPS Act’).

2. The case of prosecution in brief is that on 23.11.2024, the Sub-Inspector of Police, Kachiguda Police Station gave a report stating that on receipt of credible information regarding transportation of Ganja from Andhra Pradesh to Hyderabad, by seven persons, who were waiting at the parcel office with gunny bags, he along with his staff went near the parcel office of Kachiguda Railway Station and took the said persons into custody along with gunny bags. On questioning, the said persons disclosed that ganja packets were there in the said bags and they want to deliver the same to the customers and further disclosed their names as accused Nos.4 to 7 and they were not having any contraband in their personal possession. After recording the confession of the accused, four ganja bags containing 114 Kgs of ganja were seized under cover of panchanama and after producing the petitioners and other accused, filed the report. Basing on the said report, a case in Crime No.438 of 2024 was registered for the above said offences.

3. Heard Mr. Syed Yasar Moon, learned Additional Public Prosecutor appearing for respondent-State.

4. No representation on behalf of the petitioner in the morning session and in the afternoon session either physical mode or virtual mode.

5. According to the averments made in the petition, the petitioner has not committed any offence and he was falsely implicated in the present crime as accused No.4 and the contraband was not seized from the petitioner and the petitioner is a law abiding citizen and having permanent residence at Visakhapatnam. It is further averred that the petitioner was arrested on 23.11.2024 and since then he is in judicial custody and he is ready and willing to cooperate with the investigation pending if any, and also abide by the conditions, which are going to be imposed by this Court.

6. Learned Additional Public Prosecutor opposed the bail petition and submitted that the police seized 119.6 kgs of ganja, which is a commercial quantity from the petitioner and other accused. The petitioner and accused Nos.4 to 6 have approached this Court and filed Criminal Petition No.3331 of 2025 seeking for grant of bail with the same grounds and the same was dismissed on 19.03.2025 and there are no changed circumstances. Moreover, the investigation is under progress. Hence, he prays to dismiss the petition.

7. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the police seized 119.6 kgs of ganja from the petitioner and other accused, which is a commercial quantity. Even according to the learned Additional Public Prosecutor, the investigation is under progress. The record further reveals that the petitioner and accused Nos.4 to 6 have approached this Court and filed Criminal Petition No.3331 of 2025 seeking for grant of bail and the same was dismissed by this Court on 19.03.2025. This Court does find any changed circumstances from the dismissal of the earlier bail petition till this date. Therefore, taking into consideration the gravity of the offence, this Court is not inclined to grant bail to the petitioner/accused No.7.

8. Accordingly, the Criminal Petition is dismissed.

As a sequel thereto, miscellaneous applications, if any, pending in this petition stand closed.

______________________________ JUSTICE J.SREENIVAS RAO Date: 09.04.2025 pgp