The Hon’ble Sri Justice J.Sreenivas Rao Criminal Petition No.5118 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.2 in Crime No.45 of 2025 on the file of Kusumanchi Police Station, Khammam District, registered for the offences punishable under Section 8(c) r/w Section 20(b)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’). 2. The brief facts of the case are that on 24.02.2025, at around 20:30 hours, while the Sub-Inspector of Police, Kusumanchi Police Station, was conducting vehicle check along with his staff near Chegomma X Road, they found petitioner/accused No.2 and another person proceeding in Mahindra XUV 500 car bearing registration No.TS10 EJ7860 from Kusumanchi to Khammam in suspicious circumstances and apprehended them and seized 178.870 kgs of dry ganja from them. Based on their confession, the aforesaid crime was registered against the accused.

3. Learned counsel for the petitioner submitted that the petitioner/accused No.2 is innocent person and he did not commit any offence as alleged against him and he was falsely implicated in this crime and the investigating officer, without following the mandatory procedure prescribed under Sections 50 and 52-A of the NDPS Act, seized the contraband. He further submitted that the petitioner was arrested on 25.02.2025 and since then he is in judicial custody and the entire investigation is completed except filing of charge sheet and prays to release the petitioner on bail as he is ready to cooperate with the investigation and also ready to abide by the conditions as may be imposed by this Court.

4. On the other hand, learned Additional Public Prosecutor opposed the bail petition stating that the petitioner is involved in a grave offence as 178.870 kgs of ganja, which is a commercial quantity, was seized from him and other accused and the investigation is under progress and at this stage, the petitioner is not entitled for grant of bail.

5. Having considered the rival submissions made by learned counsel for the parties and after perusal of the material available on record, it reveals that the police seized 178.870 kgs of ganja, which is a 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 deals with the cognizable and non-bailable offences and the same 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.”

6. Thus, as per Section 37 of the NDPS Act, offences involving commercial quantities are non-bailable and no person, accused of the offences punishable for under Sections 19 or 24 or 27A and also for offences involving commercial quantity, shall be released on bail or on his own bond unless there are reasonable grounds to believe that the accused is not guilty and unlikely to commit further offences while on bail.

7. In the case on hand