THE HON’BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION NO.7903 OF 2025

ORDER:

This criminal petition is filed by the petitioners/A.3 and A.6 seeking regular bail in connection with Cr.No.1212 of 2024 of Patancheru Police Station, Sangareddy District. The offences alleged against the petitioners are under Sections 8 (c) r/w.22 (c) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. The case of the prosecution is that on 20.12.2024 the S.I. of Police, Patancheru police Station, lodged a complaint stating that on credible information that two persons are coming near AGI/Hindware Company, Isnapur Village, for selling MDMA drug to their customers and believing the same to be true, he along with his team and panchas proceeded to the said premises at about 17.05 hours. The informant identified the two suspected persons who were carrying back pack bag and reached the said persons by revealing their identity and took them into custody. On questioning the said suspects Mohammed Salim Abdul Hamid Shaikh @ Salim revealed that he got acquaintance with one Rayees Riyaz Shaikh @ Aayan resident of Mumbai through Grinder APP and became friends for the past 13 years. The Rayees Riyaz Shaikh was in the habit of consuming MDMA and Salim also got addicted to the said substance and they hatched a plan to sell it at higher price to the customers to earn easy money. The same was purchased from the drug peddlers by name Jerry and Jimmy who are Nigerians at the rate of Rs.1000/- per gram and sell it at Rs.4000/- to Rs.5000/- per gram. During the time, they came into contact with one Shaik Amer @ Waseem Khan @ Habeeb who is also having a friend by name Mukesh Dubhey and they used to assist them to deliver MDMA. It is also stated that they purchased 1320 grams of MDMA from Jerry and Jimmy and sold 320 grams to Shaik Amer and went to Hyderabad. In view of the new year Shaik Amer asked him to get more MDMA for which Mohammed Salim along with his friend Mukesh Dubhey came to Hyderabad on 20.12.2024 in a private vehicle asking him to sell the remaining MDMA to him. As such, Shaik Amer asked them to come to AGI/Hindware Company to deliver MDMA and at about 17.05 hours, Salim along with Mukesh Dubhey were waiting at the said place carrying the drugs in his back pack bag. In the meantime, the police apprehended them and on examination, they found two polythene covers containing white colour crystalline powder and the same were recovered in the presence of panchas under the cover of panchanama. Basing on the said complaint, a case was registered against the accused for the above offences.

3. Heard Sri Ravuri Sai Sumanth, learned counsel for the petitioners and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing on behalf of respondent – State.

4. The contention of learned counsel for the petitioners is that the petitioners herein are A.3 and A.6 and they are falsely implicated in this case, that all the material witnesses were examined and investigation is completed. The petitioners are in judicial custody since 20.12.2024. He further submitted that the mandatory provisions of law are not followed by the police, no contraband was seized from the possession of petitioners herein. The petitioners are the only breadwinners of their family.

As such, prayed this Court to grant bail to the petitioners.

5. On the other hand, learned Additional Public Prosecutor opposed bail on the ground that the contraband seized is from the petitioners herein which is a huge commercial quantity. Further the investigation is not yet completed and at this stage, if the petitioners are released on bail, it may cause hardship to the investigating agency and may commit similar offences. As such, prayed this Court to dismiss this bail application.

6. Having regard to the submissions made by both the counsel and the material on record, the contraband seized in this case is a huge commercial quantity and the same was recovered from the petiti