USHAL YADUL Vs. UNION OF INDIA

JUDGEMENT

(1.) This is the 2nd Criminal Petition, under Ss. 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS') [previously filed under Sec. 437 and 439 of the Code of Criminal Procedure, 1973], 1973 has been filed by the Petitioner/A2, seeking regular bail against Crl.M.P.No.14 of 20224 in NSC.No.6 of 2024 [in C.No.VIII/10/20/2023 C.No.VIII/10/20/2023-Prev, Prev, on the file of Customs Commissionerate (Preventive), Vijayawada] on the file of II Additional District Judge-cum cum-Metropolitan etropolitan Sessions Judge Court, Vijayawada (for short, 'Special Court'), registered for the offences punishable under Sec. 20, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act').

(2.) The Prosecution outlines that on receipt of credible information received by the Additional Commissioner of Customs, Customs Commissionerate (Preventive) Vijayawada, the Inspector of Customs, on the even date of 24/6/2023 secured two witnesses and laid a route watch opposite to Reliance Trends store, Prasadampadu, Vijayawada and intercepted a white colour Maruti Suzuki Swift Dzire car bearing No.MH 03 BC 1345 and found four persons therein. Petitioner/A.2 was found in the said car beside the driving seat. Later on search of the car, the Inspector of Customs found 46 packets of Ganja weighing about 94.209 kgs, and subsequently, found one TATA Intra V30 van bearing No.TS08 UH 6790 and found two persons therein and on search of the said van, 29 bags of Ganja weighing 311.020 kgs were recovered. After the seizure of the contraband and the aforesaid two vehicles on 25/6/2023, the Customs officials recorded the statement of the accused under Sec. 67 of the NDPS Act and arrested him on 26/6/2023. Based on the application of the Superintendent of Customs, the IV Additional Chief Metropolitan Magistrate, Vijayawada, has issued a Sec. 52A inventory certificate on the even date of 22/7/2023.

(3.) Learned counsel for the Petitioner asserts that after investigation, a charge sheet was filed, leading to the registration of N.S.C.No.6 of 2024 before the Special Court, where the trial is pending. The Petitioner's earlier bail application, Crl.P.No.1445 of 2024 was dismissed by this Court on 23/4/2024. Petitioner is arrested on 27/6/2023, since then he is languishing in jail. Respondent Department has not followed the mandatory procedure enumerated under Sec. 52A(2) of NDPS Act. The Petitioner is ready to provide the sureties as deemed appropriate by the Court and will abide by its conditions. Therefore, the learned counsel requests that the bail be granted to the Petitioner.