THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.11607 of 2025

ORDER:

This Criminal Petition is filed for grant of pre-arrest bail to the petitioners who are arrayed as accused Nos.1 & 2 in COR.No.59 of 2025 on the file of the Prohibition and Excise, SHO, Gadwal, Jogulamba Gadwal District, registered for the offences punishable under Sections 8(c) read with 22 of NDPS Act.

2. The brief facts of the case are that on July 12, 2025, at 6:20 AM, the Prohibition and Excise Sub-Inspector, along with staff, conducted a vehicle check on the road from Bijwaram to Mekhalesompally and seized a Bajaj Discover two-wheeler and a large quantity of toddy, including 12 crates of bottles and 2 drums. As such, a case was registered for the offences as alleged, and a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita was served on petitioner No.1/accused No. 1. The seized property was deposited, and samples were sent for analysis.

3. Heard Sri MP.Kashyap, learned counsel for petitioners, and Sri D. Arun Kumar, learned Additional Public Prosecutor appearing for respondent – State.

4. Learned counsel for the petitioner submitted that the petitioners, innocent and respectable citizens who are toddy tappers by profession, have been falsely implicated in a case registered under the NDPS Act, despite having no connection to the alleged offense. He further submitted that nothing was seized from their possession, and there are no independent witnesses to support the allegations. He contended that the Prohibition and Excise authorities have not followed the Excise Act, and the evidence was destroyed without following procedure. Therefore, while advocating that the petitioners are willing to cooperate with the investigation and undertake to present themselves as and when directed, he prayed the Court to grant pre arrest bail to the petitionerss by allowing this criminal petition.

5. On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioners stating that basing on a chemical analysis report, the section of law was altered from Section 34(a) of Excise Act, to Section 8(c) read with 22 of NDPS Act. He submitted that when the seized toddy was sent for laboratory analysis, i.e., containers of 350ML each, it was found that the samples were fermented toddy adulterated with Alprazolam, and the toddy involved in this case is about 100 packets, each packet containing 7Lts of toddy which was adulterated with Alprazolam, i.e., 700Lts, which itself is a commercial quantity. Therefore, while advocating that the matter requires investigation, he prayed the Court to dismiss the criminal petition.

6. Having regard to the rival submissions made and on going through the material placed on record, it is noted that the quantity of Alprazolam mixed in 350ml of toddy is not referred to in the FSL Report, therefore, it cannot be said whether the quantity of Alprazolam involved in this case is commercial quantity or small quantity. However, it is the specific stand of learned Additional Public Prosecutor that total quantity of toddy was 700Lts, out of which in 350 Ml itself the Alprazolam was present which clearly shows that there is huge quantity of Alprazolam present in this case.

7. At this juncture, it is imperative to note that the Hon’ble Supreme Court in the case of Hira Singh Vs. Union of India has held as follows:

“12.1. The decision of this Court in E. Micheal Raj [E. Micheal Raj v. Narcotics Control Bureau, (2008) 5 SCC 161 : (2008) 2 SCC (Cri) 558] taking the view that in the mixture of narcotic drugs or psychotropic substance with one or more neutral substance(s), the quantity of the neutral substance(s) is not to be taken into consideration while determining the small quantity or commercial quantity of a narcotic drug or psychotropic substance and only the actual content by weight of the offending narcotic drug which is relevant for the purpose of determining whether it would con