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2025 DIGILAW 701 (TS)

Gogi Shanker v. State Of Telangana

2025-05-21

NARSING RAO NANDIKONDA

body2025
ORDER : 1. This Criminal Petition is filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘BNSS’) seeking to release the petitioners/accused Nos.1 and 2 on bail in Crime No.96 of 2025 on the file of the Station House Officer, Mills Colony Police Station, Warangal, registered for the offence punishable under Section 8(C) read with Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’). 2. The case of the prosecution is that on 13.02.2025, the complainant/S.I. of Police lodged a complaint stating that as per the instructions of his superior officers, when he along with his police staff were conducting patrolling duty at Warangal Railway Station, Shiva Nagar Gate, they found one male and female person under suspicious circumstances carrying navy blue colour bags and one white colour plastic bag and on seeing the Police they tried to flee away. Immediately, they were apprehended and upon enquiry, petitioner/accused No.1 disclosed his identity and stated that they are carrying “dry ganja”. Both are wife and husband and in order to earn money easily, they decided to do ganja business. As per their plan, they purchased 24 kgs of dry ganja from accused No.3 to sell the same in Surat, Gujarat State. On 12.02.2025, they boarded in Konark Express train without ticket to go to Bhuwaneshwar and from there to Surat in local train. It is stated that when they reached Warangal, the Police apprehended them and seized 24 kgs of dry Ganja and mobile phones from the possession of the petitioners/accused Nos.1 and 2, under the cover of panchanama in the presence of mediators. Hence, the complaint. 3. Heard Dr.Challa Srinivas Reddy, learned counsel for the petitioners/accused Nos.1 and 2 and learned Additional Public Prosecutor for the respondent/complainant. Perused the record. 4. Learned counsel for the petitioners submits that the petitioners are innocent, they were falsely implicated in the case; that there is no incriminating evidence to presume that they have committed the alleged offence. The ganja seized from the possession of petitioner/accused No.1 is 18 Kgs and 6 kgs from petitioner/accused No.2. Both the petitioners are wife and husband and they are having two school going children, who are now in the custody of their relatives. The ganja seized from the possession of petitioner/accused No.1 is 18 Kgs and 6 kgs from petitioner/accused No.2. Both the petitioners are wife and husband and they are having two school going children, who are now in the custody of their relatives. It is further submitted that the dry ganja seized from the petitioners is not a commercial quantity and that the investigation is completed. Therefore, the petitioners are ready to abide by any conditions imposed by this Court. Hence, learned counsel prays this Court to release the petitioners on bail. 5. Learned Additional Public Prosecutor strongly opposed to grant bail to the petitioners and contended that the petitioners were in possession of 24 kgs of dry ganja, which is a commercial quantity and the petitioners are residents of Gujarat, who came to Warangal with an intention to sell the said ganja at huge rates by illegal means. Hence, prays to dismiss the Criminal Petition. 6. Having considered the rival submissions made by learned counsel for respective parties and the material available on record, it is revealed that petitioner Nos.1 and 2 are the wife and husband and they are residents of Gujarat State and that the petitioners/accused Nos.1 and 2 were in possession of 24 kgs of dry ganja, which is a commercial quantity. Section 37 of the NDPS Act creates bar for grant of bail whenever the recovery is commercial in nature and also under Section 27-A of the NDPS Act and the petitioners have not made out any grounds to grant bail to the petitioners/accused Nos.1 and 2. Hence, this Court is not inclined to grant bail to the petitioners/accused Nos.1 and 2. 7. Accordingly, the Criminal Petition is dismissed. Miscellaneous applications, pending if any, shall stand closed.