MAYANDI DHAKSHINA MURTHY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner/accused No.4 has filed the present application under Sections 437 and 439 of Criminal Procedure Code, seeking enlargement on bail in N.C.B F.No.48/1/3/2019/NCB/Sub Zone/ Hyderabad of NCB, Sub Zone, Hyderabad, registered for the offences punishable under Section 8 (c) read with Section 22 (c), 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) The case of the prosecution is that basing on the specific information that four persons are going to exchange about 10 kgs. of Alprazolam drug in their cars near a park in Aparna Palm Groove Venture, near plot No.173-187 signboard, Phase-III, Kompalle, Medchal, on 13.05.2019, the NCB team mounted physical surveillance in and around Aparna Palm groove locality. At about 13.00 hours, three cars bearing Nos. AP 37 BD 0099 (Hyundai Verna), TS08FQ1189 (Hyundai Creta) and TS 08 FS 234 (Suzuki Brezza), reached Aparna Palm Groove venture within five minutes time one by one and were seen moving towards the said park and halted together near plot No.173-187 signboard. There were three persons including driver in Suzuki Brezza, one person in Hyundai Verna and one person in Hyundai Creta. Then two persons, who got down from Brezza vehicle took out a green colour plastic gunny bag from dickey of the car and handed over it to the person, who got down from Verna car, who inturn handed over the same to the person, who got down from Creta car. When the bag was put inside the dickey of Creta car and closed, the NCB officials surrounded the said vehicles and recovered 9.92 kgs. of Alprazolam. When the said persons were examined under Section 67 of the Act, they admitted about their involvement in the procurement, transport and sale of Alprazolam and that they did the same for earning easy money. Basing on the seizure, the NCB officials registered the above case.

(3.) Heard learned Counsel for the petitioner and learned Special Public Prosecutor appearing for Narcotic Control Bureau (hereinafter referred to as "NCB"), Hyderabad.