Bail for offences involving commercial quantities under the NDPS Act is non-bailable and requires stringent conditions to be met.

ORDER:

This Criminal Petition is filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘BNSS’) seeking bail to the petitioners/accused Nos.1 to 3 in COR No.54 of 2025 on the file of the Prohibition and Excise Station, Malkajgiri, registered for the offences punishable under Section 8 (c) r/w. Section 22 (c) and 20 (b) (ii) (A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. The case of the prosecution is that on 20.06.2025, the petitioners were found in possession of 22.10 gms. of MDMA and 6.60 gms. of OG Kush and the same was seized. Basing on the same, COR No.54 of

2025 was registered.

3. Heard Mr.Bathini Upendar, learned counsel for the petitioners and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State.

4. Learned counsel for the petitioners submitted that the petitioners have not committed the offence and they were falsely implicated in the above said crime. He further submitted that the Police without following the mandatory procedure prescribed under the provisions of the NDPS Act, seized the contraband. He further submitted that the alleged contraband was seized from the possession of accused Nos.1 and 4 only. Accused Nos.2 and 3 were implicated in the present crime, though they are not present at the scene of offence and no recovery was made from their possession by the police. He further submitted that the petitioners were arrested on 20.06.2025 and since then they were in judicial custody. He further submitted that the petitioners shall abide by the conditions, which are going to be imposed by this Court, and they are ready and willing to cooperate with the investigation and abide by the conditions which are going to be imposed by this Court. Hence, the petitioners may be enlarged on bail.

5. Per contra, learned Additional Public Prosecutor opposed the same. He submitted that the contraband seized from the possession of petitioners is commercial quantity and the investigation is under progress. Hence, at this stage, the petitioners are 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 police seized 22.10 grams of MDMA, which is commercial quantity and 6.60 grams of OG Kush, which is intermediary quantity. As per the provisions of NDPS Act, 0.5 grams of MDMA is the small quantity. Even according to the learned Additional Public Prosecutor, the investigation is under progress. 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.”

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