THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.14629 of 2025

ORDER:

This Criminal Petition is filed praying this Court to enlarge the petitioner on bail who is arrayed as accused No.3 in FIR.No.156 of 2025 before the Railway Police Station, Hyderabad (GRP Secunderabad), registered for the offence punishable under Section 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. The brief facts of the case revolve around seizure of total 33.058 Kgs of Ganja. The petitioner was arrested on

09.10.2025 for the offences as alleged.

3. Heard Sri P.Vikasraj, learned counsel for petitioner, and Sri Arun Kumar Doddla, learned Additional Public Prosecutor appearing on behalf of the respondent-State.

4. Learned counsel for the petitioner submitted that the petitioner is innocent of the alleged offences and has been falsely implicated. He contended that in spite of petitioner being no way connected with the alleged offence and there being no direct evidence to prove the possession of contraband with petitioner, he is languishing in judicial custody. Therefore, prayed this Court to allow this criminal petition, granting the relief of bail to petitioner.

5. On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioners stating that seized quantity of ganja is 33.058 Kgs which falls under commercial quantity, therefore, averred that the question of granting bail to the petitioner does not arise.

Hence, he prayed the Court to dismiss the criminal petition.

6. Having regard to the rival submissions made and on going through the material placed on record, it is noted that the contention of learned counsel for petitioner is that the case against the petitioner is false and fictitious, whereas, the learned Additional Public Prosecutor opposes the petition, citing that seized ganja is commercial quantity. That being so, 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. From the above extracted portion, it is clear that 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. Given the serious allegations against the petitioner, this Court is not satisfied that conditions for granting bail under Section 37 are met. That apart, it is pertinent to note that as per the material on record, prima facie case is made against the petitioner.

8. In light of the above discussion, this Court is of the opinion that there are no merits in this criminal petition and the same is liable to be dismissed.

9. Accordingly, this Criminal Petition is dismissed.

Miscellaneous applications, if any pending, shall stand closed.

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K. SUJANA, J Date: 25.11.2025 PT THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.14629 of 2025 Date: 25.11.2025 PT