Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to enlarge the petitioners on bail in connection with in Crime No.36 of 2025 on the file of G.Madugula Police Station, Alluri Sitharamaraju District, which is registered for the alleged offences under Section 20(b)(ii)(c),2 5 r/w 8 (c) of NDPS Act and to pass

ORDER:

This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioners/Accused Nos.3 and 4, seeking regular bail, in Crime No.36 of 2025 on the file of G.Madugula Police Station, Alluri Sitharamaraju District, registered for the offence punishable under Sections 20(b)(ii)(C), 25 r/w 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Heard Sri G.L.Nageswar Rao, learned counsel for the petitioners and Mrs.K.Priyanka Lakhmi, learned Assistant Public Prosecutor on behalf of the State.

The case of the prosecution is that on 05.09.2025, Accused Nos. 3 and 4 purchased 34 kilograms of ganja from Accused No. 2, and while Accused Nos. 1 to 4 were transporting the said ganja on two motorcycles, they were caught red-handed in conscious possession of the contraband.

Learned counsel for the petitioners would submit that the petitioners herein are the accused Nos.3 and 4. They have been in judicial custody since 06.09.2025. It is further submitted that the essential ingredients constituting the alleged offences are wholly absent as against the petitioners. He would further submit that statutory period is also completed. The petitioners have been falsely implicated in the present case. The petitioners undertake to abide by any conditions that may be imposed by this Hon’ble Court and is ready to furnish adequate sureties to the satisfaction of this Hon’ble Court. He finally prays to allow the petition.

Learned Assistant Public Prosecutor vehemently opposed the petition and would submit that the contraband involved in this matter is a commercial quantity of 34 Kgs of Ganja. Though, the statutory period is completed in this matter, the Investigating Agency has filed an application seeking extension of time to complete investigation and that is pending for consideration before the Special Court. Learned Assistant Public Prosecutor finally prays for dismissal of the petition.

Considering the submissions and a fair look on the material placed before this Court, it is a case where commercial quantity of Ganja is involved, the investigating agency filed an application seeking extension of time to complete the investigation, which is pending before the Special Court, at this juncture, this Court is not inclined to release the petitioner on bail.

The Hon’ble Apex Court in State of Kerala v. Rajesh, (2020) 12 SCC 122 at Paragraph Nos.8, 19, 20 and 21 held as under:

8. To curb the spread of dangerous drugs, Parliament has mandated that an accused under the NDPS Act cannot be granted bail unless there are reasonable grounds to believe he is not guilty and will not commit offences while on bail. The High Court failed to justify ignoring these mandatory conditions when releasing the accused. Instead of considering the grave socio-economic and health consequences of illegal drug trafficking, the court ought to have enforced the law in the spirit intended by Parliament.

19. Section 37 imposes additional, overriding restrictions on the grant of bail, beyond those under Section 439 CrPC, through its non obstante clause. It prohibits bail unless two mandatory conditions are met: the prosecution is given an opportunity to oppose, and the court is satisfied that there are reasonable grounds to believe the accused is not guilty. If either condition is not fulfilled, the bar against granting bail applies.

20.The term “reasonable grounds” requires more than mere prima facie satisfaction; it demands substantial, probable causes showing the accused i