Bora Manikanta v. Union of India, Through Inspector Narcotics Control Bureau, Hyderabad Zone

This Criminal Petition is filed praying this Court to enlarge the petitioner on bail who is arrayed as accused No.1 in NCB F.No.IV/4/31/Cr.No.09/2025/HYD of Hyderabad Narcotics Police Station, registered for the offences punishable under Section 20(b) (ii) (C), 28 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

The brief facts of the case are that on 13.11.2025, the complainant received information that the petitioner herein would arrive at Moosapet Y-Junction, Pillar No. 844, to collect a 2 parcel of Hashish Oil. The parcel was being transported in bus bearing No.NL 01 B 3966 (Ayodhya Travels), expected at 08:00 hours on 14.11.2025. On 14.11.2025, the NCB Hyderabad team with two witnesses kept surveillance. They found the bus and its driver, Vajjala Giridhar, who stated that he had received a parcel at Bayyavaram, Anakapalle, from an unknown person on the instructions of petitioner. After some time, petitioner arrived, matching the description, and collected the parcel. He was intercepted and identified himself, the officers asked him to open the parcel. Inside a white polythene cover, they found a yellow carton box containing a transparent pouch tied with a rubber band, filled with thick black paste with a pungent smell. On questioning, petitioner admitted it was Hashish Oil which is to be delivered to his friend Praveen. The NCB officials seized

01.110 kgs of Hashish oil from the possession of petitioner and registered a case against him for the above offences.

Heard Ms. R.Sindhulatha, learned counsel for the petitioner and Sri N.Avaneesh, learned Standing Counsel appearing on behalf of the respondent.

Learned counsel for the petitioner submitted that petitioner was found at the spot but no recovery was made from 3 his exclusive possession, there is no mandatory compliance of Sections 42, 50, 52-A of NDPS Act which vitiates the entire search and seizure process. The investigating authority failed to establish prima-facie link connecting the petitioner to the alleged contraband. Petitioner is in jail from 15.11.2025 and he had no previous criminal antecedents and that material part of investigation is completed. Hence, prayed this Court to grant bail to the petitioner.

On the other hand, learned Standing counsel appearing for the respondent opposed bail contending that petitioner was caught red-handedly while he was receiving parcel addressed to him and the same was recovered from his possession. The contraband seized is a huge commercial quantity of 1.110 kgs of Hashish oil. The call detail records of the petitioner clearly show his continuous and deliberate association with co-accused mobile number and that there is a financial linkage and funding related to drug trafficking activities. Further investigation is not yet completed and he is required for investigation to know the supply of contraband. Further as the contraband seized is a huge commercial quantity in view of rigor of Section 37 of NDPS Act, petitioner is not entitled to bail and prayed to dismiss this petition. 4

Having regard to the submissions made and the material placed on record, it is seen that petitioner is in jail for more than five months and till today charge sheet is not filed. Considering the period of incarceration of petitioner in jail, this Court deems it fit to grant bail to the petitioner subject to the following conditions : i. ii. The petitioner shall execute a personal bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties for a like sum each I-Additional District & Sessions Judge-cum- Additional Family Court Judge, Medchal- Malkajgiri District at Kushaiguda. the satisfaction of The petitioner shall appear before concerned SHO between 09.00 a.m and 5.00 p.m., on every Wednesday for a period of eight (8) weeks or till filing of charge sheet for the purpose of whichever investigation, and thereafter, as and when required. is earlier, iii. The petitioner shall abide by the conditions stipulated in Section 483(2) of the BNSS.