Telangana High Court
Anand Ashok Adhagale, vs The Union Of India, on 24 November, 2025
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.14423 OF 2025
ORDER:
This criminal petition is filed under Section 480 & 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioner/A.1 seeking enlargement on bail in connection with Cr.NCB.F.No.48/1/1/2024/NCB/HZU of Kukatpally Police Station, Hyderabad. The offences alleged against the petitioner are under Section 8(c) r/w.20(b)(ii)(C), 27A, 28 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').
2. The case of the prosecution is that the complainant who is the Inspector, Narcotics Control Bureau, Hyderabad Zone, filed a complaint stating that on 11.04.2024 on receiving specific information that one person from Maharashtra is trafficking a substantial quantity of Ganja to Maharashtra via Warangal-Hyderabad route in Ashok Leyland truck bearing No.MH 16 CD 6006, started checking the vehicle movements before entering the Ghatkesar Toll Plaza coming from Warangal route. At about 1700 hours, they noticed the said vehicle and the same was intercepted and on enquiry he revealed his name -2- SKS,J Crl.P.No.14423 of 2025 as Anand Ashok Adhaqale who is the petitioner herein and the NCB team informed him about their interception and when he was informed about vehicle search, he declined. On enquiry about ganja trafficking he revealed that he is transporting more than 300 packets kept in 25 gunny bags which are concealed under consignment of 400 bags of Aluminium Chloride Chemical Powder and recovered 334 packets and each of them were tightly wrapped with brown color adhesive tapes and each of the packet approximately weighed 2 kgs. The said packets contain dark brown color suspected material with pungent smell and appeared as flowering and fruiting tops of a plant. On enquiry, the petitioner replied that it is Ganja totaling to 721.42 kgs. Hence, a complaint was registered against the accused for the above offences.
3. Heard Sri Porika Vikas Raj, learned counsel for the petitioner and Sri Naraparaju Aveenesh, learned Standing Counsel appearing for the respondent.
4. The contention of learned counsel for the petitioner is that petitioner is only a driver of the Ashok Leyland Truck and he had no knowledge of the contraband concealed beneath the consignment of Aluminium Chloride bags. The confession statement recorded under Section 67 of NDPS Act is -3- SKS,J Crl.P.No.14423 of 2025 inadmissible in view of the judgment of the Hon'ble Supreme Court in Tofan Singh Vs State of Tamilnadu 1 , the alleged search and seizure is vitiated for non-compliance of mandatory provisions of Sections 42 and 50 of NDPS Act. He further submitted that the petitioner was in judicial custody since 12.04.2024, causing undue hardship to his family, that investigation is completed and charge sheet filed, therefore, there is no question of tampering with the evidence and there is no chance of conclusion of trial in the near future. He also submitted that as per the judgment of the Apex Court in Satender Kumar Antil v.CBI 2 the accused cannot be kept in jail in the case of prolonged period of trial. He also submitted that the petitioner is taking care of his small children and his aged mother and that their house is also damaged in the recent rains and prayed the Court to allow the Criminal Petition by granting regular bail to the petitioner.
5. On the other hand, the learned Standing Counsel opposed the bail, stating that huge commercial quantity was seized from the petitioner. If the petitioner is released on bail, he may abscond and commit similar offences. There are no reasonable 1 (2021) 4 SCC 1 2 (2022) 10 SCC 51 -4- SKS,J Crl.P.No.14423 of 2025 grounds in this case to conclude that the petitioner is not guilty of the offence. The investigation is under Section 37 of the NDPS Act. He also submitted that petitioner cannot be released merely on the ground of delay and Section 436-A of the Cr.P.C., is not applicable in this case as it is only one of the mechanisms under law and not an absolute ground for release. In the instant case, the seized contraband is a commercial quantity and he is in jail for not less than five years, thus, he cannot be released on bail according to Section 436-A of the Cr.P.C. Hence, he prayed the Court to dismiss the Criminal Petition.
6. Having regard to the rival submissions made and on going through the material placed on record, it is noted that previously the petitioner had filed Crl.P.Nos.11138 and 12121 of 2025 before this Court, seeking the relief of grant of regular bail and the same was dismissed vide order dated 15.09.2025 and 09.10.2025 observing that 'Section 37 of the NDPS Act mandates that offences involving commercial quantities be non-bailable, requiring reasonable grounds to believe the accused is not guilty and unlikely to commit further offences while on bail. Given the serious set of allegations against the petitioner, this Court is not satisfied that conditions for granting bail under Section 37 are met'. However, it is noticed that there are no changed -5- SKS,J Crl.P.No.14423 of 2025 circumstances back then in the earlier regular bail petition, and the present bail petition. Further, as seen from the record, the investigation was completed and charge sheet was also filed.
7. Accordingly, this Criminal Petition is disposed of directing the trial Court to conclude the trial, as expeditiously as possible, in accordance with law.
Miscellaneous applications, if any pending, shall stand closed.
________________ K. SUJANA, J Date: 24.11.2025 SAI -6- SKS,J Crl.P.No.14423 of 2025 THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.14423 of 2025 Date: 24.11.2025 SAI