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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SMT. JUSTICE K. SUJANA

CRIMINAL PETITION No.5302 of 2026

DATE: 23.04.2026

BETWEEN:

Sunil @ Bakri Sunil

….. Petitioner/Accused No.4

And

The State of T.S., Rep. by P.P.,

High Court at Hyderabad.

Through P.S. Prohibition & Excise Station

Dhoolpet, Hyderabad.

….. Respondent/Complainant

ORDER

This Criminal Petition is filed praying this Court to

enlarge the petitioner on bail who is arrayed as accused No.4

in C.O.R. No.09 of 2026 before the Prohibition and Excise

Station, Dhoolpet, Hyderabad, registered for the offences

punishable under Sections 8(c) read with 20(b)(ii)(C) of NDPS

Act.

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2. The brief facts of the case are that on 31.01.2026, on

credible information the Sub-Inspector, Prohibition and Excise

Dhoolpet, Hyderabad along with other staff proceeded to

H.No.13-2-367/A/126, Rahimpura, Asifnagar and

apprehended accused Nos.1 to 5 and seized 29.14 kilograms

of ganja from their possession and recorded their confession.

Subsequently, a case was registered against them for the

above mentioned offences.

3. Heard Sri Vamshi Krishna Sunkari, learned counsel

appearing on behalf of the petitioner as well as Sri

M. Ramachandra 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 mandatory

procedures under the NDPS Act were not followed. He further

submitted that the alleged recovery is not from the conscious

possession of the petitioner and that the petitioner has been

in judicial custody since 31.01.2026 and that material part of

investigation is completed. Therefore, he prayed the Court to

grant bail to the petitioner by allowing this Criminal Petition.

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5. On the other hand, learned Additional Public Prosecutor

opposes the petition contending that the offence involves

illegal possession of a narcotic substance, which is a grave

offence under the NDPS Act and that the alleged contraband

constitutes a commercial quantity and the role of the

petitioner requires thorough investigation and 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 learned counsel

for the petitioner is that the petitioner is arrayed as accused

No.4 and has been in judicial custody since 31.01.2026. The

contention of the learned counsel for the petitioner is that the

case is false, fictitious, and fabricated, and the case was

registered without following the due procedure. However, the

Additional Public Prosecutor opposes bail citing that a

commercial quantity weighing 29.14 kilograms of ganja was

recovered from the possession of the petitioner and another

accused. At this stage, it is pertinent to note Section 37 of the

NDPS Act, which reads as under:

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“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 bein