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.

O R D E R

This Criminal Petition is filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘BNSS’) seeking bail to the petitioner/accused No.1 in Crime No.20 of 2025 of Langer House Police Station, Hyderabad, registered for the offences punishable under Sections 8(c) r/w 22(C) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. Heard Sri Mudumba Laxmi, learned counsel for the petitioner/accused No.1 and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor, appearing for the respondent-State.

3. The contention of the learned counsel for the petitioner is that the only allegation against the petitioner is that he along with other accused involved in purchase of 1300 Grams of MDMA. He further contends that earlier the petitioner filed bail applications and the same was dismissed by this Court. He also submits that the petitioner is languishing in jail from 05.02.2025 and due to long incarceration, the petitioner is entitled for bail. He placed reliance on the order passed by this Court in Criminal Petition No.2521 of 2026, wherein bail was granted to the petitioner therein even after filing of the charge sheet and seized contraband is commercial in quantity. As such, he requested the Court to grant bail to the petitioner.

4. On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner, one the ground that the seized contraband i.e., 1300 Grams of MDMA is huge commercial quantity. 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.”

5. In view thereof, Section 37 of the NDPS Act mandates that offences involving commercial quantities be non-bailable, requiring reasonable grounds to believe the accused is not guilty and unlikely to commit further offences while on bail. Hence, since the allegations levelled against the petitioner are serious in nature, this Court is not satisfied that conditions for granting bail under Section 37 are met.

6. Accordingly, the criminal petition is disposed of directing the trial Court to disposed of the S.C. No. 174 of 2025 pending on the file of the learned I Additional Sessions Judge, Nampally, Hyderabad at the earliest. Miscellaneous applications, if any pending, shall stand closed.