THE HON’BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION NO.9642 OF 2025

ORDER:

This criminal petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner/Accused seeking regular bail in connection with Cr.No.85 of 2025 of Burgampahad Police Station, Bhadradri Kothagudem District. The offences alleged against the petitioner are under Sections 8(c) r/w.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 22.03.2025, at around 12:00 hours, at Sammakka Sarakka Gaddelu, Burgampahad Village, the complainant and his staff apprehended accused Nos.2 and 3 while they were transporting ganja in a Maruti car bearing registration No. TS-08-JQ-2960 and seized 121.140 kgs of ganja in the presence of mediators. However, accused No.2 confessed that earlier he, along with his friends, i.e., accused Nos.1, 5 to 7, had transported ganja on several occasions and they were apprehended by the police and sent to jail in various cases at different police stations. In the present case, on 22.03.2025, the petitioner/accused No.3, along with accused Nos.2 and 5 to 7, had gone to Motu, Kalimela of Odisha State in a Baleno car and purchased ganja from one Bheema-accused No.10. On the next day morning, accused Nos.1, 4 to 7, along with the petitioner/accused No.3, transported the ganja across the Godavari River using the boat of accused No.9 and reached Vinjaram, where they arranged the ganja packets in the car dickey. Further, accused No.1 instructed accused No.2 to transport the ganja to Yellandu X Road along with the petitioner/accused No.3, stating that the others would reach there later. Accordingly, accused No.2 and the petitioner/accused No.3 proceeded towards Yellandu X Road in the said Baleno car. However, while they reached near Sammakka Saralamma Gaddelu at Burgampahad, the police apprehended them. Basing on the confession and seizure panchanama, the police registered the case against the accused for the above offences.

3. Heard Sri C.Sharan Reddy, learned counsel for the petitioner and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing on behalf of respondent – State.

4. The contention of learned counsel for the petitioner is that petitioner is innocent of the said offences and he has no role in purchase of ganja. He was just a traveler in the said car and had no knowledge of presence of ganja in the car. He further submitted that the police checked only one packet out of 55 packets and there is no material to show that the remaining 54 packets contained ganja. Further, all the witnesses were examined and investigation is almost completed. The petitioner is in jail from 22.03.2025. The petitioner undertakes to cooperate with the investigation and also abide by the conditions that may be imposed by this Court. As such, prayed to grant bail to the petitioner.

5. On the other hand, learned Additional Public Prosecutor opposed bail on the ground that 121.40 kgs of ganja was seized from A.2 and A.3. There are two cases pending against this petitioner, he is a habitual offender and if he is released on bail, he may commit similar offences again. A.10 and A.11 in this case are still absconding. As such, prayed this Court to dismiss this bail application.

6. Considering the submissions made by the respective counsel and the material placed on record, the petitioner herein is A.3 and the allegations against him are that he along with other accused transported 55 packets of ganja weighing about 121.140 kgs in Baleno Car which is a commercial quantity. Further, petitioner has previous crime history. At this stage, it is pertinent to note Section 37 of the NDPS Act, and the same 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;