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 praying this Court to enlarge the petitioner on bail who is arrayed as accused No.4 in Crime No.205 of 2025 of Tekulapalli Police Station, Bhadradri Kothagudem District. The offences alleged against the petitioner are under Sections 8(c) r/w.20(b)(ii)(C), 27(A) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. The facts of the case are that on 21.08.2025 at about 17:32 hours, at the outskirts of Venkatiya Thanda village, Tekulapally Mandal, the complainant along with his staff, apprehended accused Nos.1 and 2 while they were illegally transporting dry ganja in a lorry bearing No.RJ 06 GC 0833. Upon interception, a total quantity of 424.950 kgs of ganja, valued at approximately Rs.2,12,47,500/-, was seized. During investigation, it was revealed that the accused had procured the contraband from A.3 under the directions of A.4 for the purpose of sale. Hence, complaint was registered against the accused for the above offences.

3. Heard Dr.Challa Srinivas Reddy, learned counsel appearing on behalf of the petitioner and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor appearing for respondent - State.

4. The contention of learned counsel for the petitioner is that petitioner is innocent and has been falsely implicated in the present case, with no direct or incriminating material connecting him to the alleged offence. It is submitted that no contraband was recovered from his possession and that he was not present at the alleged scene; his implication is based solely on the alleged confession statements of co-accused, which are inadmissible in evidence. It is further contended that the mandatory provisions of the NDPS Act were not complied with during the search, seizure, and arrest. The petitioner is stated to have no criminal antecedents, is a 24-year-old earning his livelihood by operating a drilling machine, and has been in judicial custody since 27.11.2025. It is also submitted that the investigation is substantially complete, several witnesses have been examined, and no further recovery is required as such custodial interrogation of the petitioner is not necessary. Hence, prayed this Court to grant regular bail to the petitioner.

5. On the other hand, the learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner, stating that the contraband involved in this case is 424.950 kgs of ganja, which is a huge commercial quantity. He further submitted that investigation is completed and charge sheet is also filed. Further petitioner is a native of Rajasthan, and if he is released on bail, he may not cooperate with the trial. Hence, petitioner is not entitled to bail and prayed to dismiss this criminal petition.

6. Considering the submissions made by both the counsel and the material on record, the petitioner herein is A.4 and he is remanded to judicial custody on 27.11.2025. The seized material in this case is a huge commercial quantity. That being so, it is relevant to extract 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, an