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2. The brief facts of the case revolve around seizure of 6

grams of Hydroponic Ganja, 0.12 grams of LSD Blots and

0.5 grams of MDMA. Alleging the involvement of petitioner

in the same, he was implicated as accused in the crime.

3. Heard Sri Gangavath Naveen Kumar, learned counsel

for petitioner, and Sri D. Arun Kumar, learned Additional

Public Prosecutor appearing on behalf of the respondent –

State.

4. Learned counsel for the petitioner submitted that the

petitioner is innocent of the said allegations and there is no

such contraband was seized from the petitioner herein and

the seized contraband is an Intermediate Quantity and he

has been languishing in judicial custody since 11.04.2026.

He further submitted that the material part of the

investigation was already completed. Hence, he prayed the

Court to grant bail to the petitioner by allowing this criminal

petition.

5. On the other hand, learned Additional Public

Prosecutor opposed bail stating that the contraband seized

in this case is a commercial quantity and that petitioner is

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also an active person in this offence. It is further submitted

that the petitioner is the habitual offender and there are 04

NDPS cases pending against him. As such, in view of rigor

of Section 37 of NDPS Act, petitioner is not entitled for bail

and prayed to dismiss this petition.

6. Having regard to the rival submissions made and on

going through the material placed on record, it is noted that

the contention of learned counsel for petitioner is that the

case against the petitioner is false and fictitious, whereas,

the learned Additional Public Prosecutor opposes the

petition, citing that the seized contraband is huge

commercial quantity. That being so, 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

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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. From the above extracted portion, it is clear that

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. Given the serious

allegations against the petitioner, this Court is not satisfied

that conditions for granting bail under Section 37 are met.

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That apart, it is pertinent to note that the petitioner herein

is in jail since 11.04.2026 and the seized contraband 0.12

grams of LSD Blots, which is commercial quantity and there

are 04 NDPS cases pending against him.

8. In light of the above discussion, this Court is of the

opinion that there are no merits in this criminal petition and

the same is liable to be dismissed.

9. Accordingly, this Criminal Petition is dismissed.

Miscellaneous applications, if any pending, shall

stand closed.

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K. SUJANA, J

Date: 17.07.2026

TU