THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 4845 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.159 of 2024 on the file of the P.S. Wankidi, registered for the offences punishable under Sections 8(c) read with 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. The case of the prosecution in brief is that on 31.10.2024, during the Maharashtra Assembly elections, while the Police were conducting vehicle checks at the interstate checkpoint at Wankidi, at around 04:00 P.M., a container lorry No.MPO6HC1339 was approaching from Asifabad towards Maharashtra. Upon stopping and inspecting the lorry, it was found to have four compartments and out of which, three compartments were empty, and one compartment contained white plastic bags and brown packets. Upon questioning the driver about the contents of these packets, he revealed that they contained Ganja (marijuana). The Police intercepted the petitioner and seized the ganja.

Basing on the same, the aforesaid Crime was registered against the petitioner/accused No.2 and others for the aforesaid offences.

3. Heard Mr.G.Madhusudhan Reddy, 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 basing on the confession statement of accused No.1 only, petitioner was falsely implicated in the above crime and the police have not seized the contraband from the possession of the petitioner. He further submitted that the petitioner was arrested on 31.01.2025 and since then he is in judicial custody and the entire investigation is completed, except filing of the charge sheet. He further submitted that the petitioner will 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 has committed grave offence under Section 8(c)

read with 20(b)(ii)(C) and 29 of NDPS Act. He submitted that the contraband i.e., ganja was seized is 281.7 Kgs., which is commercial quantity and the investigation is under progress, hence, the petitioner is not entitled for grant of bail at this stage.

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 the contraband i.e., 281.7 kgs of ganja, which is commercial quantity. 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 involv