THE HON’BLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.8158 of 2025

ORDER

This Criminal Petition has been filed under Sections

480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) by the petitioner/accused No.1, seeking bail in connection with Crime No.69 of 2025 on the file of the Station House Officer, Mokila Police Station, Cyberabad Commissionerate registered for the offences punishable under Sections 8(c) r/w 20(b)(ii)(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. Heard Mr.Rapolu Bhasker, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent-State.

3. The case of prosecution in brief is that accused Nos.1 and 3 were found in possession of huge quantity of Narcotic Drug i.e. 52 kgs of ganja. Basing on the complaint given by the Sub-Inspector of Police, Mokila Police Station, the present crime was registered for the aforesaid offences.

4. Learned counsel for the petitioner submitted that the petitioner has not committed any offence and he was falsely implicated in the present crime. The police have not followed the mandatory procedure prescribed under Sections 42, 50 and 52 of the NDPS Act while conducting search, seizure and panchanama. The petitioner was arrested on 06.03.2025 and since more than 130 days he has been in judicial custody and that entire investigation has been completed except filing of charge sheet. He further submitted that very same allegations are levelled against accused No.3 and this Court granted bail to him vide order dated 26.06.2025 in Crl.P.No.7458 of 2025 and accused No.2 was also enlarged on bail. The petitioner is eking out his livelihood by doing private job and his entire family members are depending on his income only. The petitioner is ready and willing to cooperate with the investigation and he will abide by any of the conditions that may be imposed by this Court. Hence, the petitioner is entitled for grant of bail.

5. Learned Additional Public Prosecutor submitted that the petitioner has committed the grave offence and the police seized contraband i.e. 52 kgs of ganja, which is commercial quantity. He further submitted that the petitioner is involved in four similar cases, which are registered under the provisions of NDPS Act and nine other cases, which are registered under the provisions of the Indian Penal Code, 1860 (IPC). The petitioner is a habitual offender and the investigation is under progress. Therefore, if the petitioner is enlarged on bail, he will commit the very same offence. Hence, the petitioner is not entitled for grant of anticipatory bail.

6. This Court considered the rival submissions made by the respective parties and perused the material available on record. As per the provisions of the NDPS Act, 1 kg. is small quantity and 20 kgs. is commercial quantity and in the case on hand, the police seized the contraband i.e. 52 kgs. of ganja, which is commercial quantity. Learned Additional Public Prosecutor placed the written instructions furnished by the Sub-Inspector of Police, Mokila Police Station, Cyberabad Commissionerate, which reveals that the petitioner is involved in four similar offences, which are registered under the provisions of NDPS Act, and nine other crimes, which are registered under the provisions of IPC, and the investigation is under progress.

7. 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 oppo