Bail under the NDPS Act is denied unless reasonable grounds for the accused's innocence are established, especially when involved with commercial quantities.

ORDER:

Seeking the Court to enlarge the petitioners, who are arrayed as accused Nos. 1 and 2 in Crime No. 393 of 2025, on the file of Abdullapurmet Police Station, Rachakonda Commissionerate, on bail, the present Criminal Petition is filed. The offence registered against the petitioners is punishable under Section 8 (c) r/w 20 (b) (ii), (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘the Act’).

2. The case of the prosecution is that on 11.06.2025, upon receiving credible information, the Police conducted a raid and seized 19.93 kilograms of Hashish from the possession of the accused persons. They were allegedly involved in transporting the contraband illegally to buyers for interstate export to Bangalore, Karnataka. Accordingly, the Police registered a case against the accused for the above-mentioned offence.

3. Heard Sri Ch. Raj Kumar, learned counsel appearing on behalf of the petitioners and Sri Arun Kumar Doddla, learned Additional Public Prosecutor appearing on behalf of the respondent-State.

4. Learned counsel for the petitioners submitted that the petitioners are innocent and they are no way concerned with the alleged offence. He further submitted that the petitioners are languishing in jail since 12.06.2025 and the material part of the investigation has been completed. He also submitted that the Prohibition and Excise Police have not complied with the standing orders of the Ministry of Finance (Department of Revenue). In view of the non compliance of Section 52-A of the NDPS Act and Standing orders, the petitioners are entitled for bail. Therefore, he prayed the Court to grant bail to the petitioners by allowing this criminal petition.

5. On the other hand, the learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioners stating that the alleged contraband involved in this case amounts to 19.93 Kgs of Hasish which constitutes a commercial quantity. He further submitted that in view of the Section 37 of NDPS Act the petitioners are not entitled for bail.

6. Having regard to the rival submissions made by both the learned counsel and upon perusal of the material placed on record, it is noted that the quantity involved is 20KGS of Hasish. 1Kg of Hashish oil itself is a commercial quantity and 20KGS is a huge commercial quantity. At this stage, it is pertinent to refer to 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.”

7. 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 are not guilty and unlikely to commit further offences while on bail. Given the serious allegations against the petitioners, this Court is not satisfied that