THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.8113 of 2025

ORDER:

This Criminal Petition is filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘BNSS’) seeking bail to the petitioner/accused No. in Crime No.1 of 2025 of Cyberabad Narcotics Police Station, TG Anti-Narcotics Bureau, Hyderabad, registered for the offence punishable under Sections 8(c), 22(b), 22(c), 27(A) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. The case of the prosecution in brief is that on 03.04.2025 at 09:00 hours, the Inspector of Police, Cyberabad Narcotic Police Station, received credible information that a group of Nigerians residing at Flat No.301, AY Residency, Upperpally, Rajendra Nagar, Hyderabad, along with the petitioner running Fine Multipurpose Services at Malakpet, were involved in illegal drug trafficking and were meeting at the said flat to settle financial transactions. The racket was operated by Divine Ebuka Suzee @ Ebuka @ Emmanuel, based in Nigeria, who previously stayed at Upparpally and was assisted by his brother Ezeonyili Franklin Uchenna @ Kelechi. Drugs were procured from New Delhi through one Onuoha Blessing, who was arrested in 2024. Post-arrest, Ebuka fled to Nigeria and continued operations remotely. Indian and foreign bank accounts procured through accused No.3 were used for receiving drug payments, which were then routed to Nigeria through illegal means. On receiving this information, officers reached the premises at 12:00 hours, complied with legal procedures, and conducted surveillance. Accused Nos. 1 and 2 voluntarily admitted their involvement in selling MDMA and cocaine, receiving drugs via Ebuka, and collecting payments through accounts arranged by Mateen. A total of 52.29 grams of MDMA and 16.45 grams of cocaine were seized from A1 and A3, and the accused were arrested accordingly. Basing on the same, present crime was registered. 3. Heard Mr.S.Chandrashekhar Yadav, 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 the petitioner has not committed the offence and he was falsely implicated in the above crime, basing on the confession statement given by the other accused and the voluntary statement recorded by the Investigating Officer, during police custody and the said evidence is not permissible under law, particularly in view of Section 67 of the NDPS Act. He further submitted that the alleged contraband i.e., 16.45 grams of cocaine and 52.29 grams of MDMA was seized from the possession of the other accused and the petitioner was not present at the alleged scene of offence at the time of seizure conducted by the investigating officer. He further submitted that even according to the press note issued by the investigating officer, neither the name of the petitioner nor the photograph of the petitioner is there in the said press note or in the photographs published along with it. He also submitted that the petitioner was arrested on 05.04.2025 and has been in judicial custody and since 95 days, he is in judicial custody. He further submitted that the police had already taken the petitioner into police custody from 24.05.2025 to 26.05.2025, during which the investigation was completed, except for the filing of the charge sheet, and no further custodial interrogation of the petitioner is required. He further submitted that the petitioner is having small children and he is not having any other criminal antecedents and he shall abide by the conditions, which are going to be imposed by this Court, and he is ready to cooperate with the investigation.

5. In support of his contention, the learned counsel for the petitioner has relied upon the judgment of the Hon’ble Apex Court in Surinder Kumar Khanna v. Intelligence Officer Directorate of Revenue Intelligence, Crl.A.No.949 of 2018 and the Judgment of