THE HON’BLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 4151 of 2025

ORDER

This Criminal Petition is filed under Section 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) by the petitioner, who is arrayed as accused No.2, seeking bail in Crime No.1221 of 2024 of Chandanagar Police Station, Cyberabad Commissionerate for the offences punishable under Sections 8(c) read with Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. Heard Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent-State.

3. No representation on behalf of the petitioner in the morning session and in the afternoon session, either physical mode or virtual mode.

4. The case of prosecution in brief is that on 29.11.2024, on receipt of information that one person was illegally transporting ganja in Mahindra XUV Car bearing No. TS.22.H.5068, the seizing officer has intercepted the accused and found 57 kgs of ganja and seized the same.

5. According to the petitioner, he is innocent and he did not commit the alleged offence and he was falsely implicated in the present crime. Basing upon the confession statement of other accused only, he was implicated in this case as accused No.2. He was arrested on 30.11.2024 and since then he has been in judicial custody and that he is a delivery boy and friend of accused No.3 and that he is the only earning member in his family and he is ready to cooperate with the investigation and also abide by the conditions, which are going to be imposed by this Court.

6. Learned Additional Public Prosecutor submitted that the petitioner and other accused have committed grave offence, which is punishable under the provisions of NDPS Act and 57 kgs of ganja was seized in this case, which is a commercial quantity and the investigation is not yet completed and accused Nos.1 and 3 were arrested and they also in judicial custody. Therefore, the petitioner is not entitled for grant of bail.

7. 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 of 57 kgs of ganja, which is a commercial quantity. According to the learned Addl. Public Prosecutor, the investigation is not yet completed and accused Nos.1 and 3 were arrested and they were in judicial custody. 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.”

8. In view thereof, Section 37 of the NDPS Act mandates that offences involving commercial quantities be non-bailable, requiring reasonable grounds to believe the accused is not guilty and unlikely to commit further offences while on bail. Hence, 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 liable to be dismissed.

9. Accordingly, this Criminal Peti