The Hon’ble Sri Justice J.Sreenivas Rao Criminal Petition No.8017 of 2025

Order

:

This Criminal Petition is filed under Section 482 of the Bharatiya Nagarika Suraksha Sanhita, 2023 (for short, ‘BNSS’) seeking anticipatory bail to the petitioner/accused No.5 in Crime No.204 of 2024 of Laxmidevipalli Police Station, Bhadradri Kothagudem District, registered for the offence punishable under Section 8(c) r/w Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. The case of the prosecution is that on 22.11.2024 at about 08:00 hours, on receipt of credible information regarding illegal transportation of ganja, the Sub-Inspector of Police, Laxmidevipalli Police Station, along with his staff, proceeded to a place in front of Vana Vihar office, Bhadrachalam to Khammam NH-30 Road and conducted vehicle check and apprehended accused Nos.1 to 3 and seized 17.435 kgs of ganja from them. Based on the same, the aforesaid crime was registered against the petitioner/accused No.5 and other accused for the aforesaid offence.

3. No representation on behalf of the petitioner either in physical mode or in virtual mode. Heard Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent/State.

4. Learned Additional Public Prosecutor submitted that the petitioner/accused No.5 has committed grave offence under the provisions of the NDPS Act and the contraband of 17.435 kgs of ganja was seized from accused Nos.1 to 3 and based on their confession statement, the aforesaid crime was registered on 22.11.2024 against the petitioner/accused No.5 and other accused and the petitioner is absconding since then and the investigation is in progress and hence, the petitioner is not entitled for grant of anticipatory bail.

5. Having considered the submissions made by the learned Additional Public Prosecutor and on perusal of the material available on record, it reveals that the petitioner was arrayed as accused No.5 in the aforesaid crime and the police seized 17.435 kgs of ganja.

6. At this stage, it is pertinent to observe that the Courts have to exercise caution while dealing with anticipatory bail petitions in NDPS cases due to the serious nature of the offences. Granting anticipatory bail in regular manner may hamper the investigation, allow the accused to abscond and undermine public interest in preventing and controlling the offences.

7. In Tarabai v. State of Maharashtra¹, the Hon'ble Supreme Court observed that grant of anticipatory bail in NDPS cases may hamper the investigation and enable the accused to destroy evidence. Similarly, in Kishore Samrite v. State of Uttar Pradesh², the Hon'ble Supreme Court reiterated that anticipatory bail should not be granted in NDPS cases as a matter of course.

8. In the light of the aforesaid judicial pronouncements and statutory provisions and mindful of the fact that grant of

(1983) 2 SCC 68

(2012) 10 SCC 632

anticipatory bail when the investigation is in progress may impede the investigative process and potentially prejudice the case of the prosecution, this Court is not inclined to grant anticipatory bail to the petitioner/accused No.5.

9. Accordingly, the Criminal Petition is dismissed.

As a sequel, miscellaneous petitions, pending if any, stand closed.

___________________ J.SREENIVAS RAO, J Date: 14.07.2025

LUR