Under Section 37 of the NDPS Act, bail for offences involving commercial quantities is restricted unless the court is satisfied that there are reasonable grounds to believe the accused is not guilty and unlikely to commit further offences while on bail.

ORDER

This criminal petition is filed under Section 480 & 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner/accused No.2 seeking enlargement on bail in connection with Crime No.156 of 2025 before the RPS Hyderabad Police Station, GRP Secunderabad, registered for the offence punishable under Section 8(c) read with 20(b)(ii)(C) of NDPS Act .

2. The brief facts of the case are that on 09.10.2025 when the RPF, during a joint check at Begumpet Railway Station, found the petitioners sitting in the waiting hall with two trolley suitcases under suspicious circumstances. On inspection, the bags were found to contain 16 packets of ganja weighing about 33.058 kilograms. During enquiry, the petitioner allegedly stated that he had received the suitcases from A-1 Kishore Lima at Chatrapur Railway Station and were instructed to transport them to Mumbai. A seizure panchanama was conducted, the contraband, suitcases, mobile phones and train tickets were seized.

3. Heard Sri P. Vikas Raj, learned counsel appearing on behalf of the petitioner as well as Sri M. Ramachander Reddy, learned Additional Public Prosecutor appearing on behalf of the respondent – State.

4. Learned counsel for the petitioner submitted that the petitioner is innocent of the allegations and that he had been in judicial custody since 09.10.2025 and that the material part of the investigation has already been completed and no further recovery is pending. 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, contending that the contraband seized from the possession of the petitioners is 33.058 kilograms of ganja, which constitutes a commercial quantity. He submitted that the investigation is still in progress and that in view of the rigour of Section 37 of the NDPS Act , the petitioner is not entitled for the bail.

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 33.058 kilograms 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 force on granting of bail.”

7. In view thereof, Section 37 of the NDPS Act manda