THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.14249 OF 2025

ORDER :

This criminal petition is filed under Section 480 & 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner/A.5 seeking his enlargement on bail in connection with Crime No.1134 of 2025 of Chandanagar, Cyberabad Commissionerate. The offences alleged against the petitioner are under Section 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 07.10.2025 on credible information at about 0930 hours the police reached Lingampally Railway station and noticed suspected persons moving in a suspicious manner at waiting hall with seven bags who are waiting for train to go to Mumbai. As such, when the police approached them, they tried to escape and the police caught them and on questioning them they confessed that Ganja packets were there in the bags and when opened the bags, they found some packets wrapped with brown colour tape and when they were opened the police found flowering and fruiting tops emanating pungent smell and they identified it as Ganja total weighing 47.1 kgs from the possession of accused.

Hence, case was registered against the accused for the said offences.

3. Heard Sri P. Vikas Raj, learned counsel for the petitioner and Sri D. Arun Kumar, learned Additional Public Prosecutor appearing for the respondent-State.

4. The contention of learned counsel for the petitioner is that petitioner is innocent of the alleged offences. There is no independent evidence to connect the petitioner with the seized contraband. Petitioner is a student studying Ist year degree. There is no recovery from the exclusive possession of petitioner and she is implicated in this case basing on the confessional statement of co-accused. The investigation in this case is almost completed except filing of charge sheet. The petitioner is in jail from 07.10.2025. Hence, prayed this Court to grant regular bail to the petitioner.

5. On the other hand, learned Additional Public Prosecutor opposed bail on the ground that the quantity involved in this case is huge commercial quantity. In view of rigor of Section 37 of NDPS Act, petitioner is not entitled for bail and requested this Court to dismiss this petition.

6. Having regard to the submissions made and the material placed on record, it appears that the police seized 47.1 kgs of Ganja which is a huge commercial quantity. That being so, it is relevant to extract 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, it is clear that 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. 8. Given the serious set of allegations leveled against the petitioner with regard to her involvement in seizure of 47.1 kgs of Ganja, which is huge commercial quant