THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.7273 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 petitioner/accused No.1 in COR No.115 of 2025 of Prohibition and Excise Station, Bhadrachalam, registered for the offence punishable under Section 8(c) r/w 20(b)(ii)(C) of 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, on receipt of credible information, the police apprehended the petitioner and other accused, while they were transporting 29.500 kgs of ganja in Maruthi Suziki Dzire Car. Basing on the same, present crime was registered.

3. Heard Mr.M.Srinivas, learned counsel representing Mr.D.Kishore Kumar, 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 he was falsely implicated in the above crime. He further submitted that even according to the allegations made in the complaint, panchanama and remand case diary, the alleged contraband was seized from the possession of other accused and the petitioner was only driver of the vehicle and had no knowledge of the possession of ganja by accused Nos.1 and 3. He further submitted that the petitioner was arrested on 09.05.2025 and since then he is in judicial custody and he is not having any other criminal antecedents. He further submitted that the petitioner 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 petitioner may be enlarged on bail.

5. Per contra, learned Additional Public Prosecutor submitted that the petitioner and other accused have committed grave offence and the contraband seized is 29.500 kgs of ganja, which is commercial quantity and the investigation is under progress, and at this stage if the petitioner is 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 29.500 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 unlikely to commit further offences while on bail. Hence, since the allegations levelled against the petitioner are serious in nature, this Court is not satisfied that conditions for granting