THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.11858 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.1 seeking his enlargement on bail in connection with Crime No.642 of 2025 of Shamirpet Police Station, Cyberabad Commissionerate. The offences alleged against the petitioner are under Sections 8(c) r/w.20(b) (ii)(C), 27 (A) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. The case of the prosecution is that on 19.07.2025 at about 11:20 hours, on credible information that three individuals were in illegal possession and transporting ganja from Malkangiri Town, Odisha, to Hyderabad in an unknown vehicle and that they got down at Rotary-II, Shamirpet and waiting for receivers, the police went to the said place and observed three persons waiting with four bags. The team concealed themselves nearby to apprehend all the persons but however, no receivers arrived until 12:05 hours. Subsequently, the three individuals packed the ganja into four rice sacks and boarded a lorry proceeding to Hyderabad, arranged by one Jeetu. The accused, A-1, A-2, and A-3, were found in possession and transportation of 41.797 kilograms of ganja. The contraband was seized under a confession-cum-seizure panchanama in the presence of mediators. As such, complaint was registered against the accused for the above offences.

3. Heard Sri Suresh Singh, 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 innocent of the offences alleged; he is no way connected to the alleged offence and he is falsely implicated in this case. Petitioner is doing real estate business, he is a diabetic patient and he is the sole bread winner of his family. No contraband was seized from the possession of this petitioner. Further entire investigation is completed except filing of FSL report and charge sheet. The petitioner is in jail from 19.07.2025 and undertakes to abide by any conditions that may be imposed by this Court and prayed to grant bail to him.

5. On the other hand, learned Additional Public Prosecutor opposed bail stating that the quantity involved in this case is huge commercial quantity and if bail is granted, petitioner may commit similar offences. As such, prayed this Court not to grant bail to the petitioner and to dismiss this petition.

6. This Court, considering submissions made by both the learned counsel and reviewing the material available on record, it is noted that the contention of the petitioner that the case is false, fictitious, and fabricated, the case was registered without following the due procedure. However, the Additional Public Prosecutor opposes bail citing commercial quantity weighing 41.797 kg of ganja. 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 fo