THE HON’BLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.4217 of 2025

ORDER:

This criminal petition is filed by the petitioner/A1 under Sections 480 and 483 of Bharatiya Nagrik Suraksha Sanhita (BNSS) to enlarge him on bail in Crime No.1432 of 2024 of Meerpet Police Station, Ranga Reddy District, registered for the offence punishable under Section 8(c) read with Sections 15(C) and 29 of the Narcotic Drugs And Psychotropic Substances Act, 1985 (for short, “the NDPS Act”).

2. The case of the prosecution is that on 15.12.2024, on receipt of credible information that three persons were in possession of Poppy straw at Plot No.101, Ashok Reddy Colony, Badangpet, Meerpet, the seizing officer visited the said place and seized the contraband of 53.6 Kgs of Poppy Straw from the petitioner and other accused. Basing on the said complaint, Crime No.1432 of 2024 was registered for the above said offence.

3. Heard Sri J. Naresh Kumar, learned counsel for the petitioner, and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent.

4. Learned counsel for the petitioner submits that the petitioner has not committed the offence and he was falsely implicated in the present crime. He further submits that the police seized the contraband from other accused and there are no specific allegations against the petitioner to attract the ingredients of the provisions of the NDPS Act. He further submits that the petitioner was arrested on 15.12.2024 and since then he was in judicial custody and that he is ready and willing to cooperate with the investigation and also abide by the conditions that are going to be imposed by this Court. He further submits that material part of investigation is completed and the petitioner is not having any criminal antecedents.

5. Per contra, learned Additional Public Prosecutor submits that the petitioner has committed grave offence and the contraband seized from the petitioner and other accused is a commercial quantity and that investigation is under progress. He further submits that the petitioner is an accused in Crime No.436 of 2023 of Hayatnagar Police Station. At this stage, the petitioner is not entitled for grant of bail.

6. Having considered the rival submissions made by both the parties and after perusal of the material available on record, it reveals that the police seized 53.6 Kgs of Poppy Straw from the petitioner and other accused, which is a commercial quantity.

7. It is relevant to mention 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.”

8. In view thereof, Section 37 of the NDPS Act mandates that offences involving commercial quantities be non- bailable, requiring reasonable grounds to believe that the accused is not guilty and unlikely to commit further offences while on bail. Since the allegations levelled against the petitioner are serious in nature, this Court is not satisfied that conditions for granting bail under Section 37 are met. Therefore, the criminal petition lacks merit and the same is accordingly