THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.12280 OF 2025

ORDER :

This criminal petition is filed under Section 480 & 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner/A.3 seeking enlargement on bail in connection with Crime No.248 of 2025 of Bandlaguda Police Station, Hyderabad. The offences alleged against the petitioner are under Section 8(c) r/w.20(b)(ii)(C), 27A and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. The case of the prosecution is that on 25.07.2025 on credible information the S.I of Police, proceeded to the spot and found A.1 to A.3 near car under suspicious circumstances and they apprehended the accused and seized 25.612 kgs of Ganja and recorded their confession statement. Hence, a case was registered against the accused for the said offences.

3. Heard Sri Gudi Satyanarayana Reddy, learned counsel for the petitioner and Sri D.Arun Kumar, learned Additional Public Prosecutor appearing for the respondent-State.

4. The contention of learned counsel for the petitioner is that petitioner is only a passenger of the alleged car and there are no specific overt acts or allegations against the petitioner. Petitioner is in judicial custody from 25.07.2025, as such, requested this Court to grant bail to the petitioner.

5. On the other hand, learned Additional Public Prosecutor opposed bail stating that the seized contraband is 25.612 kgs of ganja which is a commercial quantity and the same is seized from the possession of all the accused who were found in the car. Now, the petitioner cannot claim that he is only a passenger of the said car and in view of rigor of Section 37 of NDPS Act, petitioner is not entitled for bail. As such, requested this Court to dismiss this petition.

6. Considering the submissions made by the respective counsel and the material placed on record, the petitioner herein along with A.1 and A.2 are in possession of 25.612 kgs of ganja which is a commercial quantity. Though petitioner is in jail from 25.07.2025, it is not a ground to grant bail to the petitioner. At this stage, it is pertinent to note Section 37 of the NDPS Act, and the same 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 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. In the facts and circumstances of the case on hand, 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.

8. Accordingly, this Criminal Petition is dismissed.

Miscellaneous petitions, if any, pending shall stand closed.

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K. SUJANA, J Date :26.09.2025

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