THE HON’BLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 4137 of 2025

ORDER:

This criminal petition is filed by the petitioner/A1 under Sections 480 and 483 of Bharatiya Nagrik Suraksha Sanhita (BNSS) to grant regular bail to him in Crime No.76 of 2024 on the file of Prohibition and Excise Station, Ameerpet, Hyderabad, registered for the offence punishable under Section 8(c) read with Section 21(C) of the Narcotic Drugs And Psychotropic Substances Act, 1985 (for short, “the NDPS Act”).

2. The case of the prosecution is that on 18.10.2024 at about 01.30 p.m., beside Daddu Ka Biryani Hotel, Road No.11, Banjara Hills, Hyderabad, accused Nos.1 to 3 were found in possession of 21.66 grams of MDMA.

3. Heard Ms. K. Saipriya, 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 any offence and he was falsely implicated in the present crime. He further submits that the contraband was seized from the other accused and basing on the confession statement given by them, the petitioner was implicated in the present crime and there are no specific allegations against him. He further submits that the petitioner met with an accident and is suffering with leg fracture and the police are not taking proper care of him and that the petitioner is not having any criminal antecedents. The petitioner was arrested on 18.10.2024 and material part of investigation was already completed and that the petitioner is ready and willing to cooperate with the investigation and also abide by the conditions that are going to be imposed by this Court.

5. Per contra, learned Additional Public Prosecutor submits that the petitioner is involved in grave offence and the contraband seized from him and other accused is 21.66 grams of MDMA, which is a commercial quantity, and investigation is under progress. He further submits that the police will provide better medical treatment basing on the request made by the petitioner. He further submits that the petitioner approached this Court and filed Crl.P.No.2975 of 2025 on the very same grounds and the same was dismissed on 12.03.2025 and there are no changed circumstances and that the other accused were also arrested. 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 21.66 grams of MDMA 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 s