THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 7171 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.4 to 7 in Crime No.171 of 2025 on the file of the P.S.Begumpet, Hyderabad, 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. The case of the prosecution is that on 30.04.2025, near auto stand, Begumpet Railway Station, Hyderabad, accused Nos.4 to 7 were found in possession of 81.15 kgs. of ganja. Basing on the same, Crime No.171 of 2025 was registered.

3. Heard Mr.P.Vikasraj, learned counsel for the petitioner 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 said crime. He further submitted that the no specific allegations were levelled against the petitioners to attract the ingredients under the provisions of the NDPS Act. He further submitted that the petitioners were arrested on 30.04.2025 and since more than 55 days, they were in judicial custody and material part of the investigation is completed and they were 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 they were ready to cooperative with the investigation. Hence, the petitioners may be enlarged on bail.

5. Per contra, learned Additional Public Prosecutor opposed the same. He submitted that the contraband i.e., ganja, that was seized is 81.15 kgs, which is commercial quantity and the investigation is under progress, hence, at this stage, the petitioners are not entitled for grant of bail.

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 81.15 kgs of ganja, which is commercial quantity. Even according to the learned Additional Public Prosecutor, the investigation is not yet completed. 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 petitioners are serious in nature, this Court is not satisfied that conditions for granting bail under Section 37 are met. Therefore, the criminal petition lacks merit and the same is liable to be dismissed.

8. Accordingly, this Criminal Petition is dismissed.

Miscellaneous applications, pending if any, shall stand closed.

____________________ J. SREENIVAS RAO, J Date: 23.06