Smt Divya Naresh Ramchandani vs. The Superintendent Of Customs (Preventive) Hyderabad Customs Commissionerate, GST Bhavan, Basheer B

Facts

The petitioner, Smt. Divya Naresh Ramchandani, filed a Criminal Petition seeking bail. She was arrested on April 10, 2026, in connection with HQPOR No.06/2026-CUS (PREV), registered for offences under Sections 20, 23, and 29 of the NDPS Act, 1985. The Customs AIU team suspected her of carrying contraband while travelling from Bangkok to Hyderabad. Upon arrival at Rajiv Gandhi International Airport, officers seized 1000 grams of a substance, suspected to be Ganja/Marijuana, concealed in her checked-in baggage. The substance was found in three vacuum-sealed polythene packets within clothes in a black trolley bag. The petitioner has been in jail since April 10, 2026.

Held

The Court allowed the Criminal Petition and granted bail to the petitioner. The Court noted that the petitioner had been in custody since April 10, 2026, and the seized contraband of 1000 grams of suspected Ganja/Marijuana is an intermediate quantity. Considering these facts, the circumstances of the case, the nature of the allegations, the stage of investigation, and the duration of incarceration, the Court found it appropriate to grant bail. The bail was granted subject to the petitioner executing a personal bond of Rs. 15,000/- with two sureties for a like sum. Additionally, the petitioner was directed to appear before the respondent authority every Wednesday for eight weeks or until the filing of the charge sheet, whichever is earlier, and thereafter as and when required. The petitioner was also directed to abide by the conditions stipulated in Section 437(3) of Cr.P.C. (presently Section 480(3) of the BNSS).

Key Issues

1. Whether the petitioner is entitled to bail under the NDPS Act, 1985, considering the quantity of seized contraband and the stage of investigation? The petitioner's counsel argued that the petitioner is innocent, falsely implicated, and has been in custody since April 10, 2026. They contended that the seized contraband, 1000 grams of suspected Ganja/Marijuana, constitutes an intermediate quantity, and the material part of the investigation is complete, thus warranting bail. The respondent's counsel opposed the bail application, stating that the alleged offences fall under the NDPS Act, making the petitioner disentitled to bail. They further argued that although the seized contraband is 1000 grams, which is an intermediate quantity, the investigation is not yet complete, and therefore, the petition should be dismissed.