Sri. Vanteru Rahul Reddy vs. The State Of Telangana

Facts

This is a criminal petition filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973, by the petitioner/Accused No. 6 seeking regular bail. The case was registered under the Narcotic Drugs and Psychotropic Substances Act, 1985, for offenses related to the manufacturing of Narcotic Drugs. The prosecution's case is that on December 7, 2023, police information led to the discovery of a chemical lab where Nordazepam, a precursor to Alprazolam, was being manufactured. Accused Nos. 1 to 5 were arrested, and 14 kgs of Nordazepam were seized. The petitioner, Accused No. 6, was shown as a supplier and surrendered voluntarily on December 14, 2023. He claims his company, 'Go Win Win Industrial Solutions Private Limited,' supplied laboratory equipment and chemicals to Accused No. 2, who misrepresented their intended use.

Held

The Court allowed the Criminal Petition and granted regular bail to the petitioner/Accused No. 6. The Court considered that the petitioner had no previous cases pending against him and was not a drug peddler, supplier, or manufacturer of contraband material. Furthermore, the material supplied by him was not prohibited. The Court also took into account that the petitioner voluntarily approached the police, surrendered, and provided all necessary invoices and information. Consequently, the Court found it fit to enlarge the petitioner on bail, subject to executing a personal bond of Rs. 25,000/- with two sureties for a like sum and abiding by the conditions stipulated in Section 437(3) of Cr.P.C. The Court did not expressly leave any issue undecided.

Key Issues

1. Whether the petitioner/Accused No. 6 is entitled to regular bail under Sections 437 and 439 of Cr.P.C., considering his role as a supplier of industrial equipment and chemicals, and his alleged lack of knowledge regarding their use in manufacturing narcotic drugs and psychotropic substances? The petitioner's counsel argued that Accused No. 6 is a trader who supplied equipment and chemicals to Accused No. 2 after inquiring online and receiving quotations from registered suppliers. They emphasized that the petitioner paid GST on Tax Invoices and was unaware that the supplied materials could be used for illicit manufacturing. The petitioner voluntarily surrendered and provided all necessary invoices and information. The counsel prayed for the petitioner's enlargement on bail. The State, through the learned Additional Public Prosecutor, opposed the grant of bail. They contended that Accused No. 6 conspired with other accused and supplied materials used for manufacturing contraband. They also noted that a previous bail application filed by the petitioner was dismissed on January 30, 2024.