In cases involving commercial quantities of narcotics, the strict requirements of Section 37 of the NDPS Act apply, necessitating a judicial finding that the accused is not guilty and unlikely to re-offend before bail can be granted.

ORDER

This Criminal Petition is filed praying this Court to enlarge the petitioner on bail who is arrayed as accused No.5 in Crime No.85 of 2026 before the Afzalgunj Police Station, Hyderabad, registered for the offence punishable under Sections 8c read with 20(b)(ii)(C), 27A and 29 of NDPS Act.

2. The brief facts of the case are that on 25.02.2026, based on credible information, the police apprehended a group of persons near Afzalgunj, Hyderabad, and seized about 23.244 kilograms of dry ganja concealed in luggage bags. It is alleged that the contraband was transported from Odisha for delivery to Accused No.5 (the petitioner), who is stated to be a local ganja peddler. The police seized the contraband, mobile phones, and a bike, and recorded confessional statements of the accused.

3. Heard Sri Umesh Singh, 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 and has been falsely implicated in the case without any material evidence and that no contraband was recovered from the petitioner and his implication is solely based on the alleged confessional statements of co-accused, which are inadmissible in law. He further submitted that the petitioner was allegedly picked up from his residence without proper procedure and falsely shown as Accused No.5. He contended that there is no specific material to establish that the petitioner was involved in procurement, transportation, or sale of ganja. Therefore, he prayed the Court to grant bail to the petitioner by allowing this Criminal Petition.

5. Learned Additional Public Prosecutor opposes the bail application contending that the case involves commercial quantity of ganja and attracts the rigours of Section 37 of the NDPS Act. He further submitted that the petitioner is part of a larger network engaged in illegal trafficking and sale of narcotic substances, and his role is revealed through the confessional statements and investigation material, including financial transactions. At this stage, granting of bail to the petitioner does not arise. Therefore, he prayed the Court to dismiss the criminal petition.

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 23 kgs 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-sectio