ORDER

This Criminal Petition is filed praying this Court to enlarge the petitioner on bail who is arrayed as accused No.2 in Crime No.58 of 2026 before the Kukatpally Police Station, Cyberabad Commissionerate, registered for the offences punishable under Sections 8(c) read with 20(b)(ii)(c) and 29 of NDPS Act.

2. The prosecution case is based on a complaint lodged by the Sub-Inspector of Police, Kukatpally Police Station, stating that on 13.01.2026 at about 19:30 hours, credible information was received regarding illegal possession and transportation of ganja from Hyderabad to Pune. Acting upon the information, the police followed due procedure under the NDPS Act, conducted a raid with panch witnesses and the clues team, and apprehended accused Nos.1 and 2 persons and seized 21.350 kilograms of ganja from their possession. Subsequently, a case was registered against them and were taken to judicial custody.

3. Heard Sri Mudumba Laxmi, 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 14.01.2026 and that material part of investigation is completed. Therefore, he prayed the Court to grant bail to the petitioner by allowing this Criminal Petition.

5. On the other hand, learned Additional Public Prosecutor opposes the petition contending that the offence involves illegal possession and selling 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.2 and has been in judicial custody since 14.01.2026. 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 21.350 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:

“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 offence