THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.10953 OF 2025

ORDER :

This criminal petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner/A.7 seeking bail in the event of his arrest in connection with Crime/COR No.61 of 2025 of Prohibition & Excise Police Station, Dhoolpet, Hyderabad District. The offences alleged against the petitioner are under Sections 8(c) r/w.20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. The facts of the case are that on 07.07.2025 on reliable information the police conducted raid and seized dry ganja of 1.862 kgs from the house of Saraswathi Bai R/o.H.No.13-1- 1127, Baba Balakdas Mutt, Upper Dhoolpet, Hyderabad. As such police registered the case against the accused for the above offences.

3. Heard Sri Avinash Singh, learned counsel for the petitioner and Sri E. Ganesh, learned Assistant Public Prosecutor appearing for the respondent-State.

4. The contention of learned counsel for the petitioner is thatthe contraband was seized from the possession of A.1 and petitioner is falsely implicated in this case basing on the confession statement of co-accused and without any substance. The petitioner herein is a relative of A.2. As such, prayed this Court to grant anticipatory bail to the petitioner.

5. On the other hand, learned Assistant Public Prosecutor opposed bail stating that the seized contraband is a huge commercial quantity and anticipatory bail is not maintainable in NDPS cases. As such, requested this Court to dismiss this petition.

6. Considering the submissions made by the respective counsel and the material on record, it is noted that the limited grievance of learned counsel for the petitioner is that the petitioner was falsely implicated in the case solely basing on the confession made by co-accused in whose possession contraband was seized and that petitioner is no way concerned with the offence punishable under Sections 8 (c) read with 20(b)(ii)(B) of NDPS Act, as no contraband was seized from his possession, whereas, it is the specific stand of learned Assistant Public Prosecutor that petitioner is actively involved with other accused in his illegal activities. However, having regard to the facts of the case, the petitioner herein is directed to surrender before the trial Court and file regular bail application and on filing such application the trial Court is directed to consider the same and pass appropriate orders in accordance with law.

7. With the above directions, the Criminal Petition is disposed of.

Miscellaneous petitions, if any, pending shall stand closed.

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K. SUJANA, J Date :10.09.2025

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