O R D E R :

This Criminal Petition is filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to grant bail to the petitioner/accused No.2 in Crime No. 72 of 2026 on the file of Munipally Police Station, Sangareddy, registered for the offences punishable under Section 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the respondent-State.

3. The brief facts of the case are that on the intervening night of 20/21.04.2026, at about 00:05 hours, on receiving credible information that the accused persons are illegally transporting and selling the contraband to the public to earn money in ease manner, the Police have seized 20.690 kilograms of dry ganja from accused persons. Hence, the complaint.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he is implicated in the present case with false and fabricated allegations. He further submits that the petitioner was apprehended on 21.04.2026 without following the mandatory provisions under the NDPS Act. He also submits that the petitioner is willing and ready to cooperate with the investigation and also ready to abide by the conditions as may be imposed by this Court. Hence, learned counsel prays this Court to allow the Criminal Petition by granting bail to the petitioner.

5. Per contra, learned Additional Public Prosecutor contended that the petitioner was arrested on 21.04.2026 and as the seized contraband consists 20.690 kilograms of dry ganja, is commercial quantity and therefore, granting bail to the petitioner, at this stage, does not arise. Hence, he prayed the Court to dismiss the criminal petition.

6. This Court, considered submissions made by both the parties and reviewing the material available on record. 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 ¹offences 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 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.

8. Pertinently, in the instant case, the allegations levelled against the petitioner are serious in nature and nothing has been stated to satisfy the conditions for granting bail under Section 37. Therefore, this Court is of the considered opinion that it is not a fit case to grant bail to the petitioner. The criminal petition is devoid of merits and the same is liable to be dismissed.

9. Accordingly, this Criminal Petition is dismissed. However, the petitioner is at liberty to renew the application after a while.

Miscellaneous applications, pending if any, shall stand closed.