Accused charged with commercial narcotics must demonstrate grounds to negate guilt and reoffending risk for bail eligibility.

ORDER:

This Criminal Petition is filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘BNSS’) seeking bail to the petitioner/accused No.2 in Crime No.231 of 2025 on the file of the P.S. Rajiv Gandhi International Airport, Cyberabad, registered for the offences punishable under Sections 8(c) r/w 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. The case of the prosecution is that on 14.03.2025, petitioner along with other accused was found in possession of 14.51 grams of MDMA. Basing on the complaint, present crime was registered.

3. Heard Mr.B.Upender, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State.

4. Learned counsel for the petitioner submitted that the petitioner has not committed the offence and he was falsely implicated in the above crime. Even according to the allegations made in the complaint, the provisions of the NDPS Act are not attracted against the petitioner. He further submitted that the petitioner was arrested on 14.03.2025 and since more than 103 days, he is in judicial custody and the entire investigation is completed, except filing of charge sheet. He further submitted that the petitioner is not having any other criminal antecedents and he shall abide by the conditions, which are going to be imposed by this Court, and he is ready to cooperate with the investigation.

Hence, the petitioner may be enlarged on bail.

5. Per contra, learned Additional Public Prosecutor submitted that the petitioner and other accused have committed grave offence and the contraband seized is 14.51 grams of MDMA, which is commercial quantity and the petitioner purchased the contraband from accused No.1 and accused No.1 is absconding and the investigation is under progress and the petitioner belongs to the State of Maharashtra, and if he is enlarged on bail and commits a similar offence, it would be difficult to conduct the investigation. Hence, prayed to dismiss the petition.

6. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the seized contraband is 14.51 grams of MDMA. As per the NDPS Act, 0.5 grams of MDMA is small quantity and 10 grams is a commercial quantity, whereas, contraband seized in the present case is 14.51 grams of MDMA, which is more than commercial quantity.

7. At this stage, it is pertinent to note 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 the accused is not guilty and unlikely to commit fur