THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION NO. 6915 OF 2022
ORDER:
This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking to enlarge the petitioners/A1 to A3 on bail pending trial in NDPS SC No.24 of 2022 (Cr.NCBF.No.48/1/7/2021/NCB/SUBZone/Hyd, dated 05.05.2021) on the file of Metropolitan Sessions Judge-cum- I Additional District Judge, Ranga Reddy.
2. The case of the prosecution is that on 20.06.2021, the respondent-NCB has filed a complaint before the Metropolitan Sessions Judge-cum-I Additional District Judge, Ranga Reddy under NDPS Act alleging commission of offence under Section 8(c) r/w 20(b)(ii)(c), 27A, 28 and Section 29 of NDPS Act. The allegation in brief is that the NCB personnel formed into a team and on information apprehended three accused in possession of 2198 kgs of ganja. According to the complaint, all the necessary requirements under the NDPS Act were met while conducting the investigation.
3. Sri V.Gopalakrishna Gokhaley, learned counsel for the petitioners submits that there is; i) violation of Section 42 of NDPS 2 Act; ii) violation of Standing Orders for seizure and sampling of contraband; iii) violation of Section 57.
4. Briefly, the argument of the learned counsel for the petitioners is that there was no authorization, which was given for conducting raid after sunset. There are no reasons which are assigned to conduct such raid after the sunset, for which reason, the petitioners are entitled to bail. Further, the sampling was not done in accordance with the standing orders.
5. Learned counsel for the petitioners relied upon a judgment of this Court in Crl.P.No.4428 of 2022 and drawn the attention of this Court to Standing Orders and also the Judgment of the Hon'ble Supreme Court in the case of Sukhdev Singh v. State of Haryana1 wherein the Hon'ble Supreme Court held that when there is non compliance of Section 42 of the Act, the proceedings are vitiated.
6. On the other hand, Sri B.Narsimha Sharma, learned Standing Counsel for NCB submits that at this stage of consideration of bail would require a finding that the petitioners are not guilty as required under Section 37 of the Act and would 1 AIR 2013 SC 953 3 amount to not giving an opportunity to the prosecution to conduct trial.
7. Several grounds are raised both technical and factual in support of their arguments by the petitioners seeking bail. Since the complaint is already filed, all the grounds can be raised during the course of trial. Grounds raised by the petitioners in the present application, if discussed, would have an adverse impact on the trial, for which reason, this Court not inclined to discuss the correctness or otherwise of the grounds raised by the petitioners. However, since the petitioners are in jail since 05.06.2021, the trial Court is directed to conduct trial on day to day basis as required under Section 309 of IPC till completion of trial. The said process shall be concluded within a period of six months from the date of this order, failing which, the petitioners shall be at liberty to move the Court for bail.
8. With the above direction, this Criminal Petition is disposed off.
_________________ K.SURENDER, J Date: 26.08.2022 kvs 4 THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 6915 OF 2022 Dt.26.08.2022 kvs