The High Court · 2025

2- Sri. K. Ashok, Sub-lnspector of Police, Damera Police Station' Warangal District Petition under section 482 BNSS praving that in;:"'#:':::'":';-:: fvfl.orrnOunl of Grounds of Criminal l'"tition the High Court may- be..pleased, to the petitioner/aicused on bail in the event of ;i;;;iih;;;"p"ndent police to in iL.p""t oi rrR lto. a1 oi ZO2q, on the fire of the Damera Police Station, ;;;;.t WrongrfDistrict,byimposinganytermsandconditionsintheinterestofjustice' "nt"g" This petition coming on for hearing,. upon perusing the Memorandum of Grounds ot iriminat petitioi ano upon hearing the arguments of sri lt/is .R3tfan Sing Aaro""t" for the petitioner ani of sri syed yasar Mamoon, Additonal Public Fro".."rtor for the State of Telangana on behalf of the Respondent No 1 The Court made the following:ORDER I t TIIE ITON'BLE SFII JTISTICE J.SR,EEIITI\/AS RAO CRIMINAL PETITION No.S869 of 2o25 OR.DER: This Crirninal Petition is f,iled under Section 4g2 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS) by the petitioner/accused No.5, seeking anticipatory bail in Crime No.81 of 2024 of Damera police Station, Warangal District registered for the offence punishablc under Section a(c) r/vr. 2O(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 19g9 (for short 'NDPS Act').

2. Heard Sri M. Rathan Sing, 'learned counsel for the petitioner and Sri Syed Yasar Mamoon, learned Ad.ditional Public Proseclltor appearing for respondents,

3. The case of prosecution in brief is that on

04.06.2024, K.Ashok, Sub-Inspector of police, pS Damera, received reliable information that three persons were transporting banned dry ganj a frorn Toolugonda to Nasik, Maharashtra, in a KIA Sonet car, Ashok and tris tearn, along with panchas and the clues team, intercepted the vehicle near Disney Land School, Oglipor village, and 2 found 96 packets of dry ganj a weighing 19O'a6O kg' valued at F<s.47,7t,sOO/-. The accused, Yogesh Datt Gaikwad, Sorninath Rarndas Khalate, and Gajj i Sahadeva Raju, confessed that they purchased the ganj a from Paaldu near Thoolugonda and transporting it to Nasik for sale. The seized rnaterial, including the car ' rnobile phones, and castr, was handed over to the Ma-lkana in- charge, ald the accused were handed over to the Station House Offrcer, Darnera for further action' Basing on the said cornplaint, the present crime was registered for the aforesaid offences. Learned cor.r'nsel for the pttitiotttt submitted that 4. the petitioner has not committed any offence and he was falsely irnplicated in this case only basing upon the confessional statement given by the accused No' 1 and the alleged contraband was seized frorn the other accused' Hence,theingredientsofSectiona(c)r/w2o(b)(ii)(c)of NDPS Act are not attracted to the petitioner' He further submitted that the petitioner is suffering with jaundice and he is not having any crirninal antecedents' The petitioner is ready and willing to cooperate with the investigation an5l he will abide by the conditions' which .? a'r l are going to be imposed by this Court. Hence, prayed to grant anticipatory bail to the petitioner.

5. In support of his contention, tre relied upon the orders passed by the High Court of Judicature at Bombay in Kunal Dattu Kadu vs. Union of India in Anticipatory Bail Application No.2173 of 2022, dated 29.Oa.2022.

6. Per contra, learned Assistant Public Prosecutor submitted that the petitioner has cornrnitted a grave offence punishable under the provisions of NDPS Act ald the police seized 96 packets of dry ganj a weighing 19O.a6O kgs. va-lued atRs.47,7l,5OO/- frorn the petitioner and other accused. Moreover, the investigation is not yet completed. Therefore, the petitioner is not entitled to grant anticipatory bail.

7. Having regard to the rival subrnissions made by the respective parties and on pemsal of the material available on record, it reveals that the police seized 190.860 kgs. of garj a, which is rnore than the cornrnercial quartity. a. At this stage, it is pertinent to observe that the Courts exercise can.tion while dealing with anticipatory bail petitions in NDPS cases due to the serious nature of 4 the offences. Granting anticipatory bail in regular rnarrner rnay tramper the investigation, allow the accused to abscond, ald und'errnine public interest in preventing and controlling these offences. g. That being so, the Hon'lcle Sr'rprerne Court has consistently held that anticipatory bail should not be gralted in NDPS cases as a rnatter of routine' In the case of Tarabai vs. State of Maharashtral' the Hon'lcle SrrprerneCorrrtobservedthatthegrantofarrticipatory bail in NDPS cases rnay harnper the investigation and enabletheaccr.sedtod.estroyevidence'sirnilarly'inthe case of l(ishore Samrite vs' StatC of Uttar Pradesh2' the Hon'lcle Suprerne Court reiterated tkrat anticipatory bail should not be granted in NDPS cases as a matter of course.

10. In light of the aforesaid judicial pronouncefirents and statutory provisions, and rnindful of the fact that the gralt of pre-arrest bail at a stage, when the investigation is still in progress, rnay irnpede the investigative process and potentially prejudice the case of the prosecution' observes that there are no rnerits in this crirninal petition 1 (1983) 2 SCC 68 2 (2012) r0 scc 632 5 to grant anticipatory bail to tl-e petitioner and the same is liable to be disrnissed.

11. Accordingly, this Criminal petition is disrnissed. Miscellaneous applications, if any .pending, sha-ll stand closed. SD/- L.VIJAYA LAXMI ASISSTANT REGISTRAR G-. SECTION OFFICER //TRUE COPY// To,

1. Hon'ble I Additional District and Sessions Judge, Hanamkonda 2. The Station House Officer,Damera Police Station, Hanumakonda District 3. One CC to M/S Rathan Slngh Advocate [OPUC] 4. Two CCs to Additonal Public Prosecutor,High Court of Telangana,Hyderabad

5. Two CD Copies PSNR/PSL eA,.. HIGH COURT DATED:0210512025 ORDER CRLP.No.5869 of 2025 .i ,-i l. \. 2s Nt zffi -) o ,.) ,+ s o /:-cl]lfC <a 2 o s DISMISSING THE CRTMINAL PETITION 4