THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.6636 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.3 in Crime No.31 of 2025 on the file of the P.S. Kulsumpura, Hyderabad, registered for the offences punishable under Sections 8(C) read with 20(b)(ii)(C) read with 27(A) read with 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. The case of the prosecution is that on 19.02.2025 at 9.30 A.M. on credible information, Detective Inspector of Police, Kulsumpura along staff panchas, clues team incharge intercepted suspected car and apprehended accused Nos.2 to 4 and on enquiry they revealed that at the instance of A1, they are transporting 160 Kgs of ganja from Bhadrachalam and the police seized 160 Kgs of ganja from the car dickey. Basing on the same, Crime No.31 of

2025 was registered.

3. Heard Mr. Viplav Simha Reddy, learned counsel representing Mrs. G. Sindhu, 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 said crime, basing on the confession statement given by accused No.1. He further submitted that the police have not placed any iota of evidence nor made any allegation that the petitioner is having relation with accused No.1 and also have not produced any call data. He further submitted that the Police without following the mandatory procedure prescribed under the provisions of the NDPS Act, seized the contraband. He further submitted that the petitioner was arrested on 19.02.2025 and since then the petitioner was in judicial custody and material part of the investigation is completed except for filing of the charge sheet 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 cooperate 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 under the provisions of NDPS Act and the police seized the contraband i.e., 160 Kgs of ganja, which is more than commercial quantity and the investigation is under progress, hence, at this stage, the petitioner is 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 160 kgs of ganja, which is commercial quantity. Even according to the learned Additional Public Prosecutor, the investigation is under progress and the charge sheet has not been filed. 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.

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(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 for