THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.8371 of 2025

ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘BNSS’) seeking anticipatory bail to the petitioner/accused No.7 in COR No.32 of 2025 on the file of Prohibition and Excise Station, Dhoolpet, Hyderabad, registered for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. The case of the prosecution is that on 16.04.2025 at around 12:15 PM, based on reliable information regarding ganja transportation on a maroon Honda Scooty (Reg. No. TS13EY0344), the Prohibition and Excise Inspector, along with staff and panchas, conducted a route watch near the Rani Avanti Bai Statue, Amlapur, Asif Nagar, Hyderabad. One person arrived on the said Scooty carrying a bag. Upon being stopped and questioned, he identified himself as Thakur Akash Singh, accused No.1. With his consent, the vehicle was searched, and a plastic bag containing 8 brown tape-wrapped bundles of dry ganja was found. Meanwhile, two individuals on another Scooty fled the scene, abandoning their vehicle, which contained 2 more similar bundles. A total of 10 bundles weighing approximately 25.230 kgs of dry ganja were seized. During interrogation, accused No.1 revealed the involvement of several other accused. He also confessed to selling ganja sachets with his mother at Rs. 500 each. Accused No.1 was arrested, and two Scooties along with two mobile phones, were seized. Basing on the same, present crime was registered.

3. Heard Mr.Umesh Singh, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State.

4. Learned counsel for the petitioner submitted that petitioner has not committed alleged offences and she was falsely implicated in the said crime, basing on the confession statement given by the other accused. He further submitted that, even according to the allegations made in the complaint or seizure panchanama, the ingredients under Section NDPS Act are not attracted against the petitioner. He further submitted that, as per the crime occurrence report, the police seized only 1.522 kgs of dry ganja contained in one black-coloured polythene cover marked as M1. However, in the remand case diary and the panchanama, the prosecution has stated that a total of 25.230 kgs of dry ganja was seized. He further submitted that petitioner is the house wife and she is not having any criminal antecedents. He further submitted that accused Nos.1 and 3 were enlarged on bail pursuant to the orders passed by this Court in Crl.P.No.6641 of 2025 dated 18.06.2025 and Crl.P.No.7811 of 2025 dated 02.07.2025. He further submitted that entire investigation is completed, except filing of charge sheet and the petitioner is ready to cooperate with the investigation and also ready to abide by the conditions, which are going to be imposed by this Court and hence, prayed for grant of bail.

5. Per contra, learned Additional Public Prosecutor submitted that petitioner has committed grave offences under the provisions of NDPS Act and 25.230 kgs. of dry ganja, which was seized is a commercial quantity and the investigation is under progress and since date of registration of crime i.e., on 16.04.2025, the petitioner is absconding.

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

6. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that police seized 25.230 kgs. of dry ganja, which is a commercial quantity. As per the provisions of NDPS Act, 1 Kg. is the small quantity and 20 Kgs. is the commercial quantity. In the case on hand, 25.230 kgs. of dry ganja was seized, which is a commercial quantity. Insofar as the contention raised by the learned counsel for the petitioner is concerned the accused Nos.1 and 3 were enlarged on bail an