THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.13792 of 2025

ORDER:

The present Criminal Petition is filed before this Court to enlarge the petitioner on bail who is arrayed as accused No.1 in Crime No.180 of 2025 before Nampally Police Station, Hyderabad, on bail.

2. The brief facts of the case are that on 08.07.2025, the Sub-Inspector of Nampally Police Station received credible information that two men were coming near Nampally Railway Station to sell Mephedrone, a banned drug. He informed his superior, called two mediators from Niloufer Hospital, and requested the Clues team for assistance. Around 12:30 PM, police in plain clothes apprehended two suspects near the railway station and shifted them to Yatrik Lodge for further inquiry. The suspects, Ajay Kumar Chaudhary and Syed Zaheer, confessed to possessing and selling Mephedrone in Hyderabad. Ajay admitted he had brought 100 grams of Mephedrone from Mumbai and sold it to several customers, involving his brother-in-law Zaheer in deliveries. A packet containing 100 grams of Mephedrone, three mobile phones, and other items were seized, sealed, and marked.

3. Heard Sri Mohd Imran Khadeer, learned counsel for petitioner, and Sri D.Arun Kumar learned Additional Public Prosecutor appearing on behalf of the respondent – State.

4. Learned counsel for the Petitioner submitted that the petitioner had been falsely implicated in the case and had no connection with the alleged contraband, i.e., about 100 grams of seized Mephedrone. He further submitted that the petitioner had no role in procuring, transporting, or handling the said substance and was a businessman with no criminal background. Therefore, he prayed the Court to grant bail to the petitioner by allowing this criminal petition.

5. On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that the petitioner is a drug peddler.

Hence, he prayed the Court to dismiss the criminal petition.

6. Having regard to the rival submissions made, and on reviewing the material available on record, it is noted that it is the specific contention of petitioner that the case is false, fictitious, and fabricated, the case was registered without following the due procedure. However, the learned Additional Public Prosecutor opposes bail citing commercial quantity weighing 100 grams of Mephedrone. 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. Given the serious set of allegations against the petitioner, this Court is not satisfied that conditions for granting bail under Section 37 are met. Therefore, this criminal petition lacks merit and the same is liable to be dismissed.

8. Accordingly, this Criminal Petition is