THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.8260 of 2025

ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘BNSS’) seeking anticipatory bail to the petitioner/accused No.4 in Crime No.12 of 2025 dated 21.02.2025 on the file of SHO Prohibition and Excise, Dhoolpet, Hyderabad, registered for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) and 27(b) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. The case of the prosecution in brief is that on 21.02.2025, on receipt of credible information, the Police apprehended the petitioner and other accused and seized 2.210 kgs of ganja. Basing on the same, present crime was registered. x

3. Heard Mr. Umesh Singh, learned counsel for the petitioner and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State.

4. Learned counsel for the petitioner submitted that the petitioner has not committed the offence and basing on the confession statement given by the other accused, he has been falsely implicated in the above crime and the provisions of NDPS Act are not attracted against the petitioner. Even according to the prosecution, the alleged contraband seized is 2.210 kgs of dry ganja which is an intermediate quantity. He further submitted that the petitioner is not having any other criminal antecedents and entire investigation is completed, except filing of charge sheet and he is ready to cooperate with the investigation and also ready to abide by the conditions, which are going to be imposed by this Court and hence, prayed for grant of bail.

5. Per contra, learned Additional Public Prosecutor submitted that the petitioner has committed a grave offence and the investigation is under progress and from the date of registration of crime, the petitioner is absconding and he is an accused in similar offence in COR No.221 of 2024 and by virtue of Section 37 of the NDPS Act, the petitioner is not entitled for grant of anticipatory bail. 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 about 2.210 kgs of dry ganja was found in possession of the petitioner and other accused. The learned Additional Public Prosecutor, basing on the instructions furnished by the concerned officer, submits that the petitioner is also an accused in COR No.221 of 2024, which is registered for the offences under NDPS Act. 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. It is also relevant to place on record, the judgment of the Hon’ble Apex Court in Tarabai vs State of Maharashtra, (1983) 2 SCC 68, wherein it was observed that, anticipatory bail should not be granted in NDPS Act as a matter of routine.

8. Taking into consideration the above said principle and also the bar under Section 37 of the NDPS Act, this Court is not inc