THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.13947 of 2025

ORDER:

This Criminal Petition is filed under Sections 480 and

483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) by the petitioner/accused No.3 seeking bail in C.O.R. No.96 of 2025 of Prohibition and Excise Police Station, Uppal, Medchal-Malkajgiri District registered for the offence punishable under Section 34(a) of T.S. Excise Act and Sections 9(a) read with 25, 25(a) and 29 of the Narcotic Drugs And Psychotropic Substances, Act, 1985 (for short ‘NDPS Act’).

2. The brief facts of the case are that, on 13.09.2025, on reliable information, the complainant conducted an inspection and entered the premises where Accused No.1 along with five other persons were found present. Upon search of the premises, two loaded black plastic covers containing white colour suspicious powder were recovered. On weighing, the powder was found to be 11.464 kilograms and 15.546 kilograms respectively. Additionally, the authorities seized one bottle of Acetic Anhydride (200 ml), three glass bottles of Methanol (1 liter, 200 ml, and 500 ml), two glass bottles of Ethanol (250 ml and 100 ml), and one large bottle of Thionyl Chloride containing 2500 ml. Upon enquiry, Accused No.3 confessed that the chemicals were used for the synthesis of Ephedrine from 2-Bromopropiophenone, and further for the preparation of Methamphetamine from Ephedrine using Thionyl Chloride. Consequently, all contraband was seized from the possession of Accused Nos.1 to 6, and a criminal case was registered against them.

3. Heard Sri P. Animi Reddy, learned counsel appearing on behalf of the petitioner as well as Sri D. Arun Kumar, learned Additional Public Prosecutor appearing for respondent - State. 4. Learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated and no recovery was made at the instance of the petitioner, and he has been in judicial custody since 13.09.2025. He further submitted that the investigation has been completed except for the filing of the charge sheet, and the petitioner has no prior criminal antecedents. Therefore, he prayed the Court to grant bail to the petitioner 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 petitioner, stating that the contraband involved constitutes a commercial quantity and that the investigation is still in progress and the Forensic Science Laboratory (FSL) report is awaited and if the petitioner is released on bail, at this stage, he may tamper with the evidence and may threaten the witnesses. In view of the rigor of Section 37 of the NDPS Act, the petitioner is not entitled to the grant of bail. Hence, he prayed the Court to dismiss the criminal petition.

6. Considering submissions made by both the learned counsel and reviewing the material available on record, it is evident that the seized contraband includes substantial quantities of suspected narcotic substances and chemicals. The confession of the petitioner regarding the synthesis of Ephedrine and Methamphetamine further implicates him in the offence. The quantity involved is commercial, and the FSL report is yet to be received. Section 37 of the NDPS Act imposes stringent conditions for granting bail in cases involving commercial quantities. 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 relea