THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 8552 of 2025

ORDER:

This Criminal Petition is filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to, as ‘BNSS’) seeking bail to the petitioners/accused Nos.1, 3 and 4 in Crime No.300 of 2025 of Shamirpet Police Station, Cyberabad Commissionerate, registered for the offences under Sections 8(c) read with 20(b)(ii)(C), 27(A) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS Act’).

2. The brief facts of the case are that on 06.04.2025 at about 0600 hours, the Station House Officer, Shamirpet Police Station, received a credible information that some persons are illegally possessing and transporting ganja from Odisha state to Haryana State via Nagpur in a Bolero Maxx vehicle bearing No.TG 08 T 2653 and the Inspector of Police along with staff and panchas noticed that at about 0840 hours the said Bolero was coming towards Shamirpet and stopped the vehicle and found the petitioners in the vehicle along with 273.165 kgs. of ganja. The police seized the said contraband along with other material evidence including mobile phones and vehicle, which is used by the petitioners. Hence, the complaint.

3. When this matter is taken up for hearing, no representation on behalf of the petitioner in the morning sessions and afternoon session either in physically or virtually.

4. Heard Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent – State.

5. Learned Additional Public Prosecutor submitted that the petitioners have committed gave offence and the police seized 273.165 kgs. of ganja, which is commercial quantity. The petitioners have approached this Court and filed Crl.P.No.7654 of 2025 and the same was dismissed as withdrawn on 02.07.2025. The petitioners filed the present criminal petition with the same grounds. The investigation is under progress. By virtue of Section 37 of the NDPS Act, the petitioners are not entitled for grant of bail.

6. Having considered the submissions made by the learned Additional Public Prosecutor and after perusal of the material available on record, it reveals that the police seized the contraband i.e., 273.165 kgs. of ganja, which is commercial quantity. As per the provisions of the NDPS Act, 2 kgs. is small quantity and 20 kgs. is commercial quantity. The police seized huge quantity of contraband from the possession of the petitioners. Even according to the learned Additional Public Prosecutor, the investigation is under progress. 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. In view thereof, 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. Hence, since the allegations levelled against the petitioners are serious in nature, this Court is not satisfie