THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.11568 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.2 seeking enlargement on bail in connection with Crime No.228 of 2025 of Miyapur Police Station, Cyberabad. The offences alleged against the petitioner are under Section 8(c) r/w.22(c) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. The case of the prosecution is that on 19.02.2025 on reliable information that at Miyapur Bus stop one woman was carrying MDMA in her hand bag, the police conducted check and found the petitioner herein who was in possession of 63 grams of MDMA. As such, the police seized the same and registered the case against the accused.

3. Heard Sri E.Sudheer Kumar, 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 the police have not followed Section 50 of NDPS Act and also Section 100(4) of Cr.P.C during the course of search. The petitioner herein is in jail from 19.02.2025, entire investigation is completed and charge sheet is also filed. Further there is no previous crime history against the petitioner. Hence, prayed this Court to grant bail to the petitioner.

5. On the other hand, learned Additional Public Prosecutor opposed bail on the ground that 63 grams of MDMA was seized from the possession of petitioner herein and it is a huge commercial quantity. The investigating officer followed the procedure and seized the contraband in the presence of panchas by following due procedure. Further charge sheet is filed showing A.1 and A.3 as absconding and petitioner is not entitled for mandatory bail in view of rigor of Section 37 of NDPS Act and prayed to dismiss this bail application.

6. Considering the submissions made by the respective counsel and the material placed on record, the seized contraband is 63 grams of MDMA from the possession of petitioner herein which is a huge commercial quantity. Though petitioner is in jail from 19.02.2025 it is not a ground to grant bail in view of rigor of Section 37 of NDPS Act. At this stage, it is pertinent to note Section 37 of the NDPS Act, and the same 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 that the accused is not guilty and unlikely to commit further offences while on bail. In the facts and circumstances of the case on hand, this Court is not satisfied that conditions for granting bail under Section 37 are met. Therefore, the Criminal Petition lacks merit and the same is liable to be dismissed.

8. Accordingly, this Criminal Petition is dismissed.

Miscellaneous petitions, if any, pending shall stand closed.

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K. SUJANA, J Date :22.09.2025

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