Case Law Details
Smt. Divya Naresh Ramchandani Vs Superintendent of Customs (Preventive) (Telangana High Court)
The Telangana High Court considered a criminal petition seeking bail in a case registered under Sections 20, 23, and 29 of the NDPS Act, 1985. The petitioner was accused after Customs officials at Rajiv Gandhi International Airport, Hyderabad, seized 1000 grams of a substance suspected to be ganja concealed in vacuum-sealed packets within luggage during a flight from Bangkok on 10.04.2026. The petitioner had been in custody since that date. The defence argued that the petitioner was falsely implicated, that the seized quantity constituted an intermediate quantity, and that a substantial part of the investigation had been completed. The prosecution opposed bail, citing the seriousness of NDPS offences and stating that the investigation was still ongoing.
Upon consideration, the Court noted that the seized quantity was 1000 grams, categorized as intermediate quantity, and took into account the duration of custody, stage of investigation, and nature of allegations. The Court found it appropriate to grant bail subject to conditions, including execution of a personal bond of Rs.15,000 with two sureties, weekly appearance before authorities for eight weeks or until filing of the charge sheet, and compliance with statutory conditions. The criminal petition was accordingly allowed.
FULL TEXT OF THE JUDGMENT/ORDER OF TELANGANA HIGH COURT
This Criminal Petition is filed seeking the Court to enlarge the petitioner on bail, who is arrayed as accused in HQPOR No.06/2026-CUS (PREV) on the file of the learned III Additional Junior Civil Judge-Cum-XXV Additional Judicial Magistrate of First Class, R.R. District, at Rajendranagar, registered for the offences punishable under Sections 20, 23 and 29 of the NDPS Act, 1985.
2. The brief facts of the case are that APIS profiling AIU team has suspected the petitioner herein travelling from Bangkok to Hyderabad by Thai Airlines flight on 10.04.2026, to be carrying some contraband. The officers of Air Intelligence Unit (AIU), Customs, Rajiv Gandhi International Airport (RGIA) in the presence of independent witnesses carried out the seizure of a total 1000.000 grams of substance, suspected to be Ganja/Marijuana, a narcotic substance specified under the NDPS Act which was concealed in polythene packets within the clothes in 03 vacuum sealed polythene packets in black colored checked-in trolley bag (Tag number – 0217 TG 060986) and the same was seized and a case was registered against her for the above said offences.
3. Heard Sri Mohammed Ghouse Pasha, learned counsel appearing on behalf of the petitioner as well as Sri Dominic Fernandes, learned Senior standing counsel for CBIC appearing for the respondent.
4. Learned counsel for the petitioner submitted that the petitioner is innocent of the said allegations and he is falsely implicated in this case and he is in jail since 10.04.2026 and the seized contraband is 1000 grams of substance, suspected to be Ganja/Marijuana, which is an intermediate quantity and the material part of the investigation was already completed. Therefore, he prayed the Court to grant bail to the petitioner by allowing this criminal petition.
5. On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that the alleged offences are of the NDPS Act, as such, he is not entitled for the bail. However, he submitted that though the seized contraband is only 1000 grams of substance, suspected to be Ganja/Marijuana, which was brought by the petitioner from Bangkok to Hyderabad. Further, the investigation is not yet completed. Therefore, he prayed the Court to dismiss the criminal petition.
6. In the light of the submissions made by both the learned counsel and upon perusal of the material available on record, it appears that the petitioner herein is in jail from 10.04.2026 and the seized contraband 1000 grams of substance, suspected to be Ganja/Marijuana, which is an intermediate quantity. Considering the facts and circumstances of the case, the nature of the allegations, the stage of investigation, the duration of incarceration and the seized contraband, this Court finds it appropriate to grant bail to the petitioner, subject to the following conditions:
i. The petitioner shall execute a personal bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), with two sureties for a like sum each to the satisfaction of the learned XXV Additional Judicial Magistrate, at Rajendranagar, Cyberabad, R.R. District.
ii. The petitioner shall appear before the respondent authority at 11:00 a.m., on every Wednesday for a period of eight (8) weeks or till filing of charge sheet whichever is earlier, for the purpose of investigation, and thereafter, as and when required.
iii. The petitioner shall abide by the conditions stipulated in Section 437(3) of Cr.P.C. (presently, Section 480(3) of the BNSS).
7. Accordingly, the Criminal petition is allowed.
Miscellaneous applications, if any pending, shall stand closed.
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