THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 6800 of 2025

ORDER:

This Criminal Petition is filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to, as ‘BNSS’) seeking bail to the petitioner/accused No.1 in Crime No.61 of 2025 of Prohibition and Excise Station, Shamshabad, registered for the offence under Section 8(c) read with 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS Act’).

2. The brief facts of the case are that on 09.05.2025 at about 10.25 PM on reliable information regarding illegal possession and sale of Alprazolam, the Prohibition and Excise Sub-Inspector along with staff of A.C. Enforcement, Ranga Reddy District, and mediators proceeded to H.No.3-4-103/I/C/1, Radha Krishna Nagar Colony, Attapur, where they found 613 grams of Alprazolam in the possession of the petitioner. The other accused is absconding. The officials seized the said Alprazolam under cover of a panchanama and took the petitioner into custody. The police registered the crime and investigated into the matter.

3. Heard Mr. D. Ambedkar, learned counsel for the petitioner, and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing 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. The alleged contraband was seized from the other accused. The police have not followed the mandatory procedure prescribed under the provisions of the NDPS Act, while searching and seizing the contraband. The petitioner was arrested on 09.05.2025 and since then he has been in judicial custody. The material part of the investigation is completed. The petitioner is not having any criminal antecedents and he shall abide by the conditions, which are going to be imposed by this Court, and 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 has committed grave offence. The police seized 613 grams of Alprazolam, which is commercial quantity. The investigation is under progress. At this stage, if the petitioner is granted bail, he will interfere with the investigation and influence the witnesses and further, accused No.2 is absconding. As per Section 37(2) of the NDPS Act, the petitioner is not entitled for grant of bail.

6. Having considered the rival submissions made by respective parties and after perusal of the material available on record, it reveals that the police seized 613 grams of Alprazolam, which is commercial quantity. According to the learned Additional Public Prosecutor, as on today, 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 reasonab