Under Section 37 of the NDPS Act, bail is restricted for offences involving commercial quantities unless the court finds reasonable grounds for the accused's innocence and a low likelihood of recidivism.

: 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.2 in Crime No.457 of 2026 of Gachibowli Police Station, Cyberabad. The offences alleged against the petitioner are under Sections 8(c) r/w.27(a), 22(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. The facts of the case are that on 10.03.2026, on receiving credible information about illegal possession and sale of drugs, the police of Gachibowli Police Station obtained search permission from the ACP, secured mediators, and proceeded to My Home Mangala. At about 3:30 PM, two persons were found near a KIA Seltos bearing No. TG 07 E 5038 near Tower-B Cellar and on noticing the police, they attempted to flee away but were apprehended. They disclosed their identities as Thakur Suraj Singh and Kota Gopi. During enquiry, the petitioner confessed to procuring LSD strips from Goa and selling them in Hyderabad. On search of the dashboard of the car, a zip-lock cover containing LSD stamp strips was found. The clues team tested the substance and confirmed it as LSD and a total of 24 LSD strips weighing 1.19 grams were seized under panchanama, and a case was registered against the accused for the said 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 learned counsel for the petitioner contended that petitioner has been falsely implicated and has not committed any offence. It is submitted that the alleged seizure of LSD is only 0.47 grams, which falls under small quantity under the NDPS Act, and therefore the rigors of Section 37 are not attracted. It is further contended that no contraband was recovered from the personal possession of petitioner, there was no conscious possession, and the alleged confession before the police is inadmissible in evidence. He also submitted that the mandatory provisions of the NDPS Act relating to search, seizure, and arrest were not followed. It is also submitted that the investigation is substantially completed, witnesses have been examined, and charge sheet is yet to be filed. The petitioner has been in judicial custody since 11.03.2026, has no previous criminal antecedents. He also contended that the petitioner is the only person to take care of his ailing mother who underwent knee surgery and depends on him for her daily needs. Hence, prayed this Court to grant regular bail to the petitioner.

5. On the other hand, the learned Additional Public Prosecutor opposed bail contending that the LSD strips seized in this case is a commercial quantity. As such, in view of rigor of Section 37 of the NDPS Act, the petitioner is not entitled to bail and prayed to dismiss this petition.

6. Considering the submissions made by both the counsel and the material on record, the petitioner herein is A.2 and he is remanded to judicial custody on 11.03.2026. The seized material in this case is a huge commercial quantity of LSD strips. 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