THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.2152 of 2025

ORDER:

The present Criminal Petition is filed, seeking the Court to enlarge the petitioner, on bail, who is arrayed as accused No.3 in Crime No.1432 of 2024 of Meerpet Police Station, Ranga Reddy District. The offences alleged against the petitioner are under Sections 8 (c) r/w.15 (c) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. The case of the prosecution is that on 15.12.2024, on reliable information along with his staff at about 17.05 hours went to Plot No.101, Road No.6, Ashok Reddy Colony, Badangpet, Meerpet, Balapur Mandal, Ranga Reddy District, knocked the door and when one person opened the door, Lw.1 introduced himself, served search proceedings; entered into the house and conducted raid and they noticed other two persons in the room under suspicious manner. Lw.1 found some bags in which there are Poppy straw raw materials, as they are transporting and selling the same to needy people.

Immediately the said persons were taken into custody. Basing on the complaint, the police registered the case against the accused for the above offences.

3. Heard Sri J.Naresh Kumar, learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the respondent-State.

4. The contention of learned counsel for the petitioner is that petitioner is A.3 in this case and he is innocent of the offences alleged. Petitioner is the only bread winner of family and he has to take care of his old age parents. He further stated that there are no previous criminal antecedents against this petitioner, that he is falsely implicated in this case he has nothing to do with the said offence. The material part of investigation is already completed. The petitioner is in jail from 16.12.2024. As such, prayed this Court to grant bail to the petitioner.

5. On the other hand, learned Additional Public Prosecutor opposed bail on the ground that the contraband involved in this case is huge commercial quantity i.e., 53.6 kgs and in view of rigour of Section 37 of NDPS Act, petitioner is not entitled for bail. As such, prayed this Court to dismiss this application.

6. Considering the submissions made by both the counsel and the material on record, the contraband seized in this case is huge quantity. 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, the Criminal Petition is dismissed.

Miscellaneous applications, if any pending, shall stan