The High Court · 2025

District, rep. by Public Prosecutor, High Court, Hyderabad ...RESPONDENT/COMPLAINANT Petition under Section 482 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the _petitioner herein on bail in the event of his arrest in connection with FIR No. 105 ol 2025 of Ramagiri Police Station, Peddapalli District This Petition coming on for hearing,upon perusing the lVlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri N HARI PRASAD ,Advocate for the Petitioner and Sri Syed Yasar Mamoon Additional Public Prosecutor on behalf of the Sole Respondent. The Court made the following: ORDER e THE HONOURABLE SMT. JUSTICE K. SII IANA CRIMINAL PETITION No.10785 OF 2() ?5 ORDER: This criminal petition is filed under Sr r tion 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for st r rt tsNSS') by [tre petitioner/ A.7 seeking anticipatory bail in cc r nection with FIR No.105 of 2025 of Ramagiri Police Station, I amagundam District. The offences alleged against the petitio r :r arc undcr Sections 8(c) r/w.2O(b) (ii)(B) of Narcotic Drugs anrl Psychotropic Substances Act, 1985 ([or short IIDPS Act').

2. The case of the prosecution is that on o .O8.2025 at 14:30 hrs, the complainant received reliable inforr r rlion that A1 Gadamalla Manohar and A2 Perala Shiva Shankar: Vara Pra sad were prcsent at Gangadevi Temple on the outskirrs of l.adna pur village with ganja. The complainant along with hi; staff wen t to the said place and found two persons with a bike Ir, aring No. AP 15 BE 5052 moving suspiciously near Gangadevi Temple. The complainant and his party apprehended them anc found a red bag containing dry leaves with flowers and fruitinp emitting an odor, u,hich was identihed as ganja. A confessior panchnama was conducted before two panch witnesses, vherein the accused identified themselves as A 1 Gadamalla I lanohar and A2 Perzrla Shiva Shankara Vara Prasad. Al conft r sed that A.2 2 \*r'T - to A.7 are his childhood friends who, along with A8, became addicted to ganja. A8 introduced A9, A1O, and AII of Chandrapoor, Maharashtra, who supplied ganja at low prices, which A I to A7 used to sell at higher rates to gain profits and share equally . On 02.08.2025, A 1 to A7 planned to invest money and sell ganja at Gangadevi Temple. On 03.08.2025, A1 traveled to Chandrapoor and purchased ganja from A9 to A11 and returned on the same day. Or O4.O8.2O25, A1 informed others to meet at Gangadevi Temple to share ganja. While waiting for A3 to A7, A1 and A2 were apprehended by the potice. The complainant seized 1.145 kgs of ganja, two mobile phones of A1 and A2, and the bike. the ganja was valued at Rs.55,OO0/-. Thereafter the seized ganja ald the accused were handed over in the police station. As such complaint was hled and basing on the said complaint case was registered against the accused for the above offences.

3. Heard Sri N. Hari Prasad, learned counsel for the petitioner and Sri Syed Yasar Mamoon, lea,rned Additional Public Prosecutor appearing for the respondent-State.

4. The contention of Iearned counsel for the petitioner is that petitioner is innocent of the offences alleged; he is falsely implicated in this case basing on the confession statement of co-accused which is inadmissible. Further, except stating the / 3 narne of this petitioner, there are no specific al :gations against this petitioner and no contrabald or incrimir r ting material is seized from the possession of petitioner herein. .he pedtioner is the only earning member of his family and i. he is arre sted, grave prejudice will be caused to his family. The petitioner shall abide by any conditions that may be ir: posed b-y this Court. As such, prayed this Court to grant anti ipatory bail to the petitioner.

5. On the other hand, learned Additional pullic prosecutor opposed bail stating that the accused are drup peddlers. The petitioner herein is also actively involved in this ce;e. .fhe contraband is a commercial quantity, as such prayed this Court not lo grant bail to the petitioner and t,> dismiss this seized petltion

6. Considering the submissions made by botit the counsel and matcrial on record, the contraband seized is e commercial quantity and that this petitioner used to sell gan-jz, Granting of anticipatory bail in respect of NDpS cases is not rr aintainable. At this stage, it is pertinent to observe that the Cot rts exercise caution while dealing with anticipatory bail petiti.; .s in NDpS cases due to the serious nature of these offencr:r . Granting anticipatory bail regular manner may Iz mper the ( ( \ -4- investigation, allow the accused to abscond, and undermine public interest in preventing and controlling these offences. 1 7 - The Hon'ble Supreme Court has consistently held that anticipatory bail should not be granted in NDpS cases as a matter of routine, as the same may hamper the investigation and enable the accused to destroy evidence. Further, in the case of Anarul SK v, State of Ulest Bengall the Honble Supreme Court observed that grant of anticipatory bail in cases involving NDPS is a very serious issue.

8. In light of the above discussion, this Court is o[ the opinion that the grant of pre-arrest bail at a stage when the investigation is still in progress, may impede the investigalive process and potentially prejudice the case of the prosecution, as such, there are no merits in this criminal petition to grant pre- arrest bail to the petitioner and the same is liable to be dismissed.

9. Accordingly, this Criminal Petition is dismissed Miscellaneous petitions, if any, pending shall stand closed. Sd/- S. MALLIKARJUNA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, The Additional Judicial First Class Magistrate at Manthani The Station House Officer,Police Station Ramagri , Ramagundam District One CC to SRl. N HARI PRASAD Advocate [OPUC] Two CC to SRl. PUBLIC PROSECUTOR Advocate [OUT] Two CD CoPies 1 2 ? 4 5 AG/ka o HIGH COURT DATED:03 t09t2025 , ,- .; I.{ i ,tAN 2028 a (-) .i. * ORDER CRLP.No.10785 of 2025 / I ) I l I CRLP IS DISMISSED t ,\1 \