THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.10100 of 2025

ORDER:

Seeking the Court to enlarge the petitioner who is arrayed as accused No.1 in Crime No. 147 of 2025 of Zaheerabad Town Police Station, Sangareddy District, on bail, the present criminal petition is filed.

2. The brief facts of the case are that, on 15.05.2025, at about 1:00 p.m., on credible information regarding the transportation of alprazolam, the complainant along with his staff and mediators proceeded to Indraprastha Venture at 2:45 p.m. There, they apprehended accused Nos. 1 and 2. It is alleged that A2 was caught driving a Hyundai Creta, while A1 was caught entering the vehicle. A2 is identified as the purchaser of the alprazolam, and A1 as the supplier. Both were apprehended, and a sum of Rs. 7,50,000/- was recovered from A2, while 770 grams of alprazolam was seized from A1.

3. Basing on the confession and seizure panchanama, the Zaheerabad Town Police Station, Sangareddy District registered a case in Crime No.147 of 2025 for the offences punishable under Sections 8(c) read with 22(c), 27(A), 29 of NDPS Act against the accused persons.

4. Heard Mr. C.Sharan Reddy, learned counsel for petitioner and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor for respondent State.

5. Learned counsel for the petitioner submitted that the petitioner was implicated as A-6 in Crime No. 148/2025 of Bodhan Rural Police Station, Nizamabad District, for offences punishable under Sections 8(c) read with 22(c), 27(A), and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. It is alleged in the complaint that A-1 to A-5 were caught attempting to deliver 2.5 kilograms of alprazolam to one Laxman Goud on 16-05-2025. The petitioner was arrayed as A-6 based solely on the confession of the co-accused. The petitioner was remanded to custody on 31-05- 2025 upon execution of the P.T. warrant and was subsequently enlarged on bail on 19-06-2025 by orders passed in Crl.M.P. No. 560 of 2025. It is further submitted that A-10 in the present crime was granted bail by this Court vide Crl.P. No. 7271 of 2025 dated 24-06-2025, and A-4 to A-6 were also granted bail by this Court vide Crl.P. No. 8429 of 2025 dated 15-07-2025. Additionally, A-2 and A-3 were granted bail by the trial court. He further contended that there is no material evidence to prove that the contraband recovered from the petitioner is alprazolam. There is also no evidence to establish that the petitioner conspired with the other accused to manufacture or sell alprazolam, nor have the police seized any telephonic records to prove such conspiracy. Furthermore, it is submitted that the investigating agency failed to comply with the mandatory provisions of Sections 42 and 52-A of the NDPS Act during the investigation. Therefore, the learned counsel prayed that this Court may be pleased to grant bail to the petitioner by allowing the present criminal petition.

6. On the other hand, the learned Additional Public Prosecutor vehemently opposed the submissions made by the learned counsel for the petitioner, contending that the petitioner is involved in two other cases and is also implicated in similar offences in Maharashtra. It is further submitted that the contraband seized, 770 grams of alprazolam, constitutes a commercial quantity. Therefore, if the petitioner is released on bail, there is a strong likelihood that he will commit the same offence again. Accordingly, the learned Additional Public Prosecutor prayed that this Court may be pleased to dismiss the present Criminal Petition.

7. Having considered the rival submissions and upon a careful perusal of the material placed on record, it is noted that the alleged offence against the petitioner involves the transportation of 770 grams of alprazolam, which qualifies as a commercial quantity under the NDPS Act. Although the petitioner seeks parity on the ground that A2 was granted bail on medical grounds due to his diabetic condition, it is pert