THE HONONOURABLE SRI JUSTICE J. SREENIVAS RAO

CRIMINAL PETITION No. 3918 of 2025

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.3 in Crime No.438 of 2024 on the file of the P.S. Kachiguda, registered for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C) and 29 of Narcotic Drugs and

Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. The case of the prosecution is that on 23.11.2024, on reliable information that seven persons came from Andhra Pradesh to Hyderabad and waiting near parcel office, Kachiguda Railway Station to deliver ganja to their known customer, immediately, Police went to the said place and caught hold petitioner along with other accused and seized 119.6 kgs. of ganja from their possession. Basing on the same a

case was registered in Crime No.438 of 2024.

3. Heard Mr.Gulab Singh, 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 and the police have not seized the contraband from the possession of the petitioner. He further submitted that the petitioner was arrested on 24.11.2024 and since then he has been in judicial custody and the investigation in the case is completed, except filing of the charge sheet. He further submitted that the petitioner shall abide by the conditions, which are going to be imposed by this Court, and he is ready to cooperative with the investigation. Hence, the petitioner may be enlarged on bail.

5. Per contra, learned Additional Public Prosecutor opposed the same. He submitted that the contraband i.e., ganja, that was seized is 119.6 kgs., which is commercial quantity and the petitioner is involved in four similar cases. He further submitted that the investigation is not yet completed, hence, 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 police seized 119.6 kgs. of ganja, which is commercial quantity. According to the learned Additional Public Prosecutor, as on today, the investigation is not yet completed and the petitioner is involved in 4 similar cases. 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 accused is not guilty and unlikely to commit further offences while on bail. Hence, since the allegations levelled against the petitioner are serious in nature, this Court is not satisfied that conditions for granting bail under Section 37 are met. Therefore, the criminal petition lacks merit and th