THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 7788 of 2025

ORDER:

This Criminal Petition is filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to, as ‘BNSS’) seeking bail to the petitioner/accused No.1 in connection with Crime No.1012 of 2024 of Narsingi Police Station, Cyberabad Commissionerate, registered for the offences punishable under Sections 8(c) r/w 22(c), 27A, 27(a) and 29 of the Narcotic Drugs and Psychotropic Act, 1985 (for short ‘NDPS Act’).

2. The case of the prosecution is that on 15.07.2024, on receipt of credible information that the petitioner and other accused were in possession of huge quantity of Narcotic drugs, the Detective Inspector of Police, Narsingi, along with his staff and mediators went to the subject premises and arrested the petitioner and other accused, who were in possession of 199.10 grams of Cocaine, and seized the said drug along with material objects i.e., Republic of Guine-Bissau Passport bearing No.AAAN02456, iPhone 15 Pro Max bearing No.9027743962 and 7085997847 (eSIM) and Samsung Galaxy A71 bearing Nos.8119856076, 7627302409 and WhatsApp No.+23490661247823 which is used at the time of commission of offence. Basing on the said complaint, the present crime was registered for the above said offences.

3. Heard Mr.Mohd. Fasiuddin, learned counsel for the petitioner/accused No.1, and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor, appearing for the respondent-State.

4. Learned counsel for the petitioner submitted that the petitioner has not committed any offence, and he was falsely implicated in the present crime. He further submitted that the police have not followed the mandatory procedure prescribed under the provisions of NDPS Act while conducting search and seizure. Though the prosecution alleged that 199.10 grams of Cocaine was seized in the present crime from the possession of the petitioner, it is below commercial quantity. The petitioner was arrested on 15.07.2024, and since then he is in judicial custody and the entire investigation has been completed and police filed charge sheet on 11.12.2024. Hence, further custody of the petitioner is no more required and question of interference of the petitioner in the investigation does not arise. He further submitted that the police have also seized the passport of the petitioner. Hence, question of flee away from the country does not arise. The petitioner is ready and willing to abide by the conditions that may be imposed by this Court. In support of his contention, he relied upon the judgment of the High Court of Delhi in Ansar Ahmed v. State (Government of NCT of Delhi), 123(2005) DLT 563

5. Per contra, learned Additional Public Prosecutor submitted that the petitioner has committed the grave offence under the provisions of the NDPS Act and the police seized contraband, namely 199.10 grams of cocaine, which is a commercial quantity. He further submitted that the investigation officer after conducting investigation filed charge sheet and the same was numbered as S.C.NDPS No. 167 of 2025 on the file of the I Additional District and Sessions Judge, L.B.Nagar. He further submitted that the petitioner is also involved in another Crime No.464 of 2019 registered for the offence under Section 8(c) r/w 22(c) of NDPS Act.

Hence, the petitioner is not entitled for grant of bail.

6. Having considered the rival submissions made by respective parties and after perusal of the material available on record, it reveals that the police seized contraband, namely, 199.10 grams of Cocaine. As per the NDPS Act, 2 grams of cocaine is a small quantity and 100 grams of cocaine is commercial quantity. Hence, the contraband seized in the present case is treated as commercial quantity. Learned Additional public Prosecutor placed the written instructions furnished by the Sub-Inspector of Police,

Narsingi, which reveals that the petitioner is also accused in another Crime No.464 of 2019 reg