THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.11353 OF 2025

ORDER :

This criminal petition is filed under Section 480 & 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioners/A.1, A.2 & A.4 seeking their enlargement on bail in connection with Crime No.735 of 2025 of Rajendra Nagar Police Station, Cyberabad. The offences alleged against the petitioners are under Sections 29, 8(c) r/w.20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. The case of the prosecution is that on 10.07.2025 on reliable information that some male persons are illegally possessing and transporting Ganja from Odisha to Maharashtra via Hyderabad, the police conducted raid and seized the contraband from two vehicles. In white swift car bearing No.MH 12 UW 6242 they found 30 packets wrapped in brown colour tape in Dicky containing 60.452 kgs and in another vehicle i.e., Blue Ignis car bearing No.MH 12 JS 009 they found 23 packets wrapped in brown colour tape in dicky containing 48.345 kgs, total 108.389 kgs of ganja was seized. As such, police registered the case against the accused for the above offences.

3. Heard Sri B. Muralidhar, learned counsel for the petitioners and Sri D. Arun Kumar, learned Additional Public Prosecutor appearing for the respondent-State.

4. The contention of learned counsel for the petitioners is that the petitioners herein are arrayed as A.1, A.2 and A.4 and the seized contraband from their vehicle is 48.345 kgs. The petitioners are in jail from 10.07.2025 and material part of investigation is completed. As such, prayed this Court to grant bail to the petitioners.

5. On the other hand, learned Additional Public Prosecutor opposed bail stating that the seized contraband is a huge commercial quantity and in view of rigor of Section 37 of NDPS Act, petitioners are not entitled for bail and several cases are pending against A.1. As such, requested this Court to dismiss this petition.

6. Considering the submissions made by both the counsel and material placed on record, the total contraband seized in this case is 108.389 kgs of ganja and even according to the petitioners, from their vehicle 48.345 kgs was seized which is a huge commercial quantity and that investigation is at initial stage. 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