THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.9867 of 2025

ORDER:

The present Criminal Petition is filed, seeking the Court to enlarge the petitioner who is arrayed as accused No.3 in Crime No.180 of 2025 of Nampally Police Station, Hyderabad, on bail.

2. The brief facts of the case are that on 08.07.2025, the Sub-Inspector of Nampally Police Station received credible information that two men were coming near Nampally Railway Station to sell Mephedrone, a banned drug. He informed his superior, called two mediators from Niloufer Hospital, and requested the Clues team for assistance. Around 12:30 PM, police in plain clothes apprehended two suspects near the railway station and shifted them to Yatrik Lodge for further inquiry. The suspects, Ajay Kumar Chaudhary and Syed Zaheer, confessed to possessing and selling Mephedrone in Hyderabad. Ajay admitted he had brought 100 grams of Mephedrone from Mumbai and sold it to several customers, involving his brother-in-law Zaheer in deliveries. A packet containing 100 grams of Mephedrone, three mobile phones, and other items were seized, sealed, and marked.

3. Heard Sri Kolli Revanth Chowdary, learned counsel appearing on behalf of the petitioner as well as Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing on behalf of the respondent – State.

4. Learned counsel for the Petitioner submitted that the Petitioner had been falsely implicated in the case and had no connection with the alleged contraband, as no narcotic substance was recovered from his person or possession and that the recovery of 100 grams of Mephedrone was made solely from the co-accused, and the Petitioner was merely present at the scene without any knowledge of the substance, which could not be construed as conscious possession. He further submitted that the Petitioner had no role in procuring, transporting, or handling the said substance and was a businessman with no criminal background. He contended that the Petitioner was suffering from serious medical conditions including uncontrolled hypothyroidism, cardiovascular risk, and mild renal dysfunction, as evidenced by diagnostic reports dated 01.02.2025, which showed a critically high TSH level of 88.35 µIU/mL and that the jail environment lacked the necessary medical facilities, and continued detention would endanger the Petitioner's health. Therefore, he prayed the Court to grant bail to the petitioner by allowing this criminal petition.

5. On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that the petitioner is a drug peddler. He further submitted that the investigation is in progress and if the petitioner is released on bail, at this stage, he may tamper with the evidence and may threaten the witnesses. Hence, he prayed the Court to dismiss the criminal petition.

6. Having regard to the rival submissions made, and on reviewing the material available on record, it is noted that it is the specific contention of 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

100 grams of Mephedrone. 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