THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.7933 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.2 to 6 in Crime No.74 of 2025 on the file of the P.S. Gopalapuram, Hyderabad, registered for the offences punishable under Sections 8(C) r/w 20(b)(ii)(C), 25, 27(a) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. The case of the prosecution in brief is that on 17.04.2025, the petitioners were red-handedly apprehended in Room No.104 of Sri Laxmi Lodge, Regimental Bazar, Secunderabad, while found in possession of 58 kgs. of ganja. Basing on the same, present crime was registered.

3. Heard Mr.P.Vikas Raj, 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 above crime. He further submitted that the alleged contraband was seized from the possession of accused No.1 and there are no allegations against the petitioners to attract the provisions of the NDPS Act. He further submitted that the petitioners were arrested on 17.04.2025 and since then they are in judicial custody and they are not having any other criminal antecedents. He further submitted that the petitioners shall abide by the conditions, which are going to be imposed by this Court, and he is 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 and other accused have committed grave offence and the contraband seized is 58 kgs. of ganja, which is commercial quantity. He further submitted that accused Nos.1, 7 and 8 are absconding and the investigation is under progress, and at this stage if the petitioners are enlarged on bail, there is every chance to interfere with the investigation and also influence the witness.

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 58 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 58 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 the NDPS Act mandates that offences involving commercial quantities be non-bailable, requiring reasonable grounds to believe the accused is not guilty and