THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.8374 of 2025

ORDER:

This Criminal Petition is filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘BNSS’) seeking bail to the petitioners/accused Nos.1 and 2 in COR No.113 of 2025 on the file of the Prohibition and Excise Station, Bhadrachalam, registered for the offences punishable under Section 8(c) r/w 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. The case of the prosecution in brief is that on 09.05.2025, upon receipt of credible information, the Police apprehended the accused while they were transporting 67.570 kgs. of ganja in a Mahindra XUV 500 bearing registration No.RJ-27-UB-3055. Basing on the same, present crime was registered.

3. Heard Mr. M. Phanindra Bhargav, learned counsel for the petitioners, and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State.

4. Learned counsel for the petitioners submitted that the petitioners have not committed the offence and they were falsely implicated in the present crime. He further submitted that the police have not followed the mandatory procedure as contemplated under the provisions of the NDPS Act, while conducting search and seizure. He further submitted that the petitioners were arrested on 09.05.2025 and since more than 24 days, they are in judicial custody and the entire investigation is completed, except filing of charge sheet. He further submitted that the petitioners are not having any other criminal antecedents and petitioner No.1 is eking out his livelihood by working as driver and petitioner No.2 by doing small business and they shall abide by the conditions, which are going to be imposed by this Court, and they are ready to cooperative with the investigation. Hence, the petitioners may be enlarged on bail.

5. Per contra, learned Additional Public Prosecutor submitted that the petitioners have committed grave offence and the contraband seized is 67.570 kgs. of ganja, which is commercial quantity and the investigation is under progress and if the petitioners are released on bail at this stage, they may commit the similar offence, tamper with the evidence and may threaten the witnesses, and hence, prayed to dismiss the petition.

6. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the police seized 67.570 kgs. of ganja, and there are specific allegations against the petitioners to attract the provisions of the NDPS Act. As per the NDPS Act, 1 kg of ganja is small quantity and 20 kgs is commercial quantity. Whereas, the contraband seized in the present case is 67.570 kgs. of ganja, which is commercial quantity. Even according to the learned Additional Public Prosecutor, the investigation is under progress. 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