THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 4789 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.1 in Crime No.61 of 2025 on the file of the P.S. Hayathnagar, Rachakonda, 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 (Amendment Act, 2001)

(for short ‘NDPS Act’).

2. The case of the prosecution is that on 12.01.2025, on receipt of credible information that ganja is being transported illegally in Innova Car bearing registration No.AP 09 BM 5959, the seizing officer went near to Sri Mallikarjuna Swamy SSR Constructions and found that the accused are in possession of 28.78 kgs of ganja and seized the same.

Basing on the same a case was registered in Crime No.61 of 2025.

3. Heard Mr.P.Manoj Kumar, 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. He further submitted that Police have seized the contraband from the possession of other accused. He further submitted that the petitioner was arrested on 12.01.2025 and since then was in judicial custody and the entire investigation is completed, except filing of the charge sheet. He further submitted that similar allegations are levelled against accused Nos.2 and 3 in the said crime, as they were against petitioner/accused No.1 and they approached this Court and filed Crl.P.No.3735 of 2025 and this Court granted bail to them on 21.03.2025 and the petitioner is also entitled for grant of bail. 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 cooperative with the investigation. Hence, the petitioner 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 28.78 kgs, which is commercial quantity and the petitioner is involved in similar offence 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 28.78 kgs of ganja, which is commercial quantity. According to the learned Additional Public Prosecutor, as per the instructions of the Sub-Inspector of Police, Hayathnagar, petitioner is involved in similar offence in Crime No.77 of 2024 on the file of Manuguru Police Station and 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 manda