THE HON’BLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.8398 of 2025

ORDER

This Criminal Petition has been filed under Section

482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) by the petitioner/accused No.4, seeking anticipatory bail in connection with Crime No.123 of 2024 on the file of the Station House Officer, Kethepally Police Station, Nalgonda District 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. When the matter is taken up for hearing today in the morning hours, at request of the learned counsel for the petitioner, the matter was passed over. In the afternoon, there is no representation on behalf of the petitioner either physical mode or virtual mode.

3. Heard Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent-State.

4. The case of prosecution in brief is that accused Nos.1 to 3 were found in possession of 73.825 kgs. of ganja, while they were transporting the same in white colour Verna car belonging to Uttar Pradesh State from Suryapet side towards Hyderabad and they were arrested and seized the contraband from their possession.

5. Learned Additional Public Prosecutor submitted that the petitioner has committed the grave offence and the police seized contraband i.e. 73.825 kgs. of ganja, which is in commercial quantity. He further submitted that the petitioner is absconding from the date of registration of crime i.e. 16.07.2024 and the investigation is under progress. Hence, the petitioner is not entitled for grant of anticipatory bail.

6. This Court considered the submissions made by the learned Additional Public Prosecutor 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. 73.825 kgs. of ganja, which is in commercial quantity. The record further discloses that accused Nos.1 to 3 were arrested on 17.07.2024 and the Investigation officer after completion of investigation filed charge sheet on 30.05.2025 before the I Additional District and Sessions Judge at Nalgonda, in respect of accused Nos.1 to 3, and accused Nos.4 and 5 were shown as absconding from the date of registration of the crime i.e.

16.07.2024.

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 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.”

8. 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.

9. At this stage, it is pertinent to observe that the Courts exercise caution while dealing with anticipatory bail petitions in NDPS cases due to the serious nature of these offences. Granting anticipatory bail in regular manner may hamper the investigation, allow the accused to abscond, an