Miscellaneous applications, if any pending, shall stand closed //TRUE COPY// Sd/ v. KAVITHA ASSISTANT REGISTRAR tr,L

Petition under Section 480 & 483 of BNSS., praying that in the circumstances stated in the Memorandum of . Grounds of Criminal Petition, the High Court may be pleased to enlarge the petitioner herein on bail in connection with FIR No.712 of 2024 of Balanagar Police Station, R.R.District. This Petition coming on for hearing, upon perusing the lvlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri REDDAT\IAINA THIRUPATHI, Advocate for the Petitioner and the Public Prosecutor (TG) on behalf of the Respondent The Court made the following: ORDER THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION !to.316 of 2o25 ORDER: The present Criminal Petition is frled praying this Court to enlarge the petitioner who is arrayed as accused No.2 in FIR.No.712 of 2024 before the Balanagar Police Station, Rangaredd5, District, registered for the offences punishable under Sections 8(c) read with 22(b)(ii)(cl and 29 of the Narcotic Drugs Ani Psychotropic Substances Act, 1985, (for short 'NDPS] on bail.

2. The brief facts of the case of prosecution is with regard to seizure of 12.590 kilograms of Hashish oil, a prohibited drug, behind the TGS RTC Bus stop near Vimal Theatre, Balanagar. Acting on credible information, the Sub-Inspector o1' police, Balanagar P.S., obtained permission from superiors and apprehended t.wo individuals on a Bajaj Pulsar bike, carrying a t ag containing the illicit substance. The accused were subsequently arrested, and a case was registered under FIR No.712 of 2024. Aggrieved thereby, this Criminal petition is filed. / I I l 2 SKS,J Crl.P.No-316 of 2025

3. Heard Sri R.Thirupathi, learned counsel for petitioner, and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing on beha,lf of respondent - State.

4. l.earned counsel for the petitioner submitted that the petitioner is an innocent person who has been falsely implicated in the case, and has not committed any offenge. He further submitted that the petitioner, a cab driver, was asked by his friend Kiran who is A1, to deliver packets to a known person at Balanagar, along with A3, without knowing the contents of the packets. He asserted that the petitioner was not aware of the substance in the packets ald was merely acting as a courier. He averred that tJle petitioner is the sole breadwinner of his family and has been in jail since 37.10.2024, causing hardship and starvation to his family members. 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 opposed the submissions made by the learned counsel for the petitioner stating that quantity seized by the Police from the possession of the accused is comrnercial contraband and that if the relief of bail is granted to the petitioner, there is every J ,/, 3 SKS,J Crl.P.No.3l6 of2025 possibilit_v of him committing similar offences. Therefore, prayed the Court to dismiss the criminal petition.

6. HavirLg regard to the rival submissions made and ,:n going through thc rnaterial placed on record, it is noted that the police seized 2.59t) kgs of hashish oil from the possession of accused persons, rncluding the petitioner who was the driver of the vehicle. The said quantity is a commercial quantity. That being so, it is rek:vant to extract Section 37 of the NDpS Act-, which reads as under: "3'2. ()ffences to be cognizable and non-bailable. - - (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of tg7a),--(a) every offence punishable undir this Act shall be coT1nizable', (b) no person accused of an offence punishable for l[offences under section 19 or section 24 or section 27A and also for olfences involving cornmercial quantity] shall be released on bail or on his own bond uniess-- 4 SKSJ Crl.P.No-316 of 2025 I (i) the Public Prosecutor has been given an opportunity to oppose tJle 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 (l) are in addition to the limitations under the Code of Criminal Proced.ure, 7973 12 of 19741 or any other law for the time being in force on granting of bail." In view thereoi it is clear that Section 37 of the NDPS Act

7. mandates that offences involving commercial quantities be non-bailable, requiring reasonable grounds to believe that the accused is not grrilty and unlikely to commit further offences whiie on bail. Given the serious set of allegations leveled against the petitioner with regard to his involvement in possession of 2.590 kgs of hashish oil, this Court is not satisfied that conditions for granting bail under Section 37 are rnet' 5 SKS,J Crl.P N{).316 of 2025 Further, the investigation in the case is yet to be completed. Therefore, the criminal petition lacks merit and the same is liable to be dismissed.

8. Accordingly, this Criminal petition is dismissed Miscellaneous applications, if any pending, shall stand closed //TRUE COPY// Sd/- V. KAVITHA ASSISTANT REGISTRAR tr,L [bdcr ION OFFICER To, l.TheCourtof]AdditionalsessionsJudge,tvledchalMalkajgiriDistrictat Kushaiguda.

2. The Court of .Xlll Niletropolitan Magistrate at Kukatpally,Cyberabad' 3. The Station Uouse Officer, Balanagar Police Station,Cyberabad' Commissionerate, R.R. District. 4' Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

5. One CC to SRI REDDAMAINATHIRUPATHI, Advocate [OPLIC] 6. Two CD CoPies Pcsd/gh HIGI.I COURT DATED:3010112025 ORDER CRLP.No.316 ot 2025 .^ ittE Sl4 14: 11 l'Iln zozs .) \ /J o I -* O:o -"-rCa gO ( C .{' DISMISSING THE CRIMINAL PETITION I /5 , // r