ORDER:

This Criminal Petition is filed by the petitioner/A4 under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘BNSS’) to enlarge him on bail in Crime No.321 of 2024 on the file of Narsampet Police Station, Warangal District, registered for the offences punishable under Section 8(c) r/w Section 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. The case of the prosecution is that on 03.08.2024 at 17:30 hours, the Sub-Inspector of Police, Narsampet, reported that during a vehicle check at Kamalapur Cross Road, two cars, a Zest and an Ertiga were stopped and upon inspection, 128 packets of dry ganja weighing 250.900 Kgs were seized. The drivers, petitioner and Accused No.2 fled the scene of offence, while Accused No.1 was apprehended. Thereafter, a case in Crime No.321 of 2024 was registered for the above said offences. 3. Heard Ms. R. Swomya Reddy, learned counsel representing Mr. K. Chandra Sekhar Reddy, learned counsel for the petitioner and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent.

4. Learned counsel for the petitioner submits that the petitioner has not committed the offence and he was falsely implicated in the present crime. He further submits that the contraband, namely, 250.900 Kgs of dry Ganja was seized from Accused Nos.1 and 2 only and entire investigation was completed. He further submits that this Court granted bail in favour of A2 and the petitioner was arrested on 28.12.2024 and since then he is in judicial custody and he is ready and willing to cooperate with the investigation and also abide by the conditions, which are going to be imposed by this Court.

5. Per contra, learned Additional Public Prosecutor submits that the petitioner has committed grave offence and the contraband seized by the police is 250.900 Kgs of dry Ganja, which is commercial quantity, and that investigation is under progress. Therefore, at this stage, the petitioner is not entitled for grant of bail.

6. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the contraband seized by the police is 250.900 Kgs of dry Ganja, which is commercial quantity. At the time of seizure, the petitioner and Accused Nos.3 and 5 were escaped from the scene of offence and Accused Nos.1 and 2 were taken into custody by the police. Even according to the learned Additional Public Prosecutor, the investigation is under progress. 7. It is relevant to mention Section 37 of the NDPS Act, which reads as under:

“37. Offences to be cognizable and non-bailable. -- (1)

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),--

(a) every offence punishable under this Act shall be cognizable;

(b) no person accused of an offence punishable for 1[offences under section 19 or section 24 or section 27A and also for offences involving commercial quantity]

shall be released on bail or on his own bond unless--

(i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and (ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. (2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force on granting of bail.”

8. In view thereof, Section 37 of the NDPS Act mandates that offences involving commercial quantities be non-bailable, requiring reasonable grounds to believe that the accused is not guilty and unlikely to commit further offences while on bail. Since the allegations levelled against the petitioner are serious in nature, this Court is not satisfied that conditions for granting bail under Sec