The High Court · 2025

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 / Accused No.3 on bail in Crime No.856 of 2024, dated 0611212024 on the file of the Shamirpet Police Station' Cyberabad. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri Umesh Singh, Advocate for the Petitioner and the sri syed Yasar Mamoon, Additional Public Prosecutor on behalf of the Respondent. The Court made the following: ORDER .:i* v':,!;:i" *1! -...-. Yj],....: E*;=ffi7 j1 ./ ( I I n )',t {: THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.329 of 2o25 ORDER: The present Criminai Petition is filed praying this Court to enlarge the petitioner who is arrayed as accused No.3 in Crime No.US(t of 2024 before the Shamirpet Police Station, registered for the offences punishable under Sections 8(c) read with 23(b)(ii)(c), 27 (a) and 29 of the Narcotic Drugs And Psychotropi : Substances Act, 1985, (for short 'NDPS) on bail.

2. The lrrief facts of the case are that on 06.12.2024 tjrre Police seized 25.596 kgs of ganja in possessron of the petitioner arrd other accused. On receipt of complaint, a case was register,:d against the petitioner arraying him as accused No.3. Aggrie',red thereby, this Criminal Petition is filed.

3. Heard Sri Umesh Singh, learned counsel for petitioner, and Sri Sr.:d Yasar Mamoon, learned Additional Public Prosecutor appearing on behalf of respondent - State. I 2 SKS,J Crl.P.No.329 of 2025

4. karned counsel for the petitioner submitted that the allegations against the petitioner are false ald baseless, and that he is innocent ald not involved in the alleged offence of trade or possession of ganja. He contended that there is no primo facie case against the petitioner, and that the investigating agency has failed to obtain proper evidence connecting the petitioner to the alleged offence. He denied the contention of Police regarding any involvement of petitioner in the transportation or sale of galja and contended that r-. .J petitioner is a law-abiding citizen who is willing to cooperate with the investigating agency. 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 the quantum of recovery of contraband constitutes a commercial quantity and that the same was in possession of petitioner and other accused. He contended ttrat releasing the petitioner on bail, could lead to him committing similar offences. Therefore, prayed the Court to dismiss the criminal petition. I,-t:,1l.' 3 SKS,J arl.P.No.329 of 2025

6. IJaving regard to the rival submissions made and on going l,hrough the material placed on record, it is noted that

25.59e, kgs of ganj a was seized by the police from the possession of petitioner and other accused. The seized contrabald is commercial quantity.

7. That lreing so, it is relevant to extract Sectron 37 of the NDPS ,Act, r'vhich reads as under: "37. Offences to be cognizable and non- bailzrblc. - - (1) Notwithstanding an),thing contained in the Code of Crirninal Procedure, 797:3 (2 of 79741,--(al every offence punishable under this Act shall be cognizable; (b) no person accused of an offence pu nishabii: for l[offences under section 19 or section 24 or section 27A and, also for offences in , olving commercial quantityl shall be relezrsed on bail or on his own bond unless-'- i a- t I I I t i .{:+ I tf.l: r : li!'- . t'j'. : . F_.. 4 SKS,J Crl-P,No.329 of 2025 o (i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and (ii) where the Public Prosecutor opposes the applicaton, the court is satislied that t}rere are reasonable grounds for believing that he is not guitty of such offence and that he is not likely to commit any offence while on bail. (2) The limitations on gralting of bail specifred in clause (b) of sub-section (1) are in addition to the limitations under the Code of Crirnina l Procedure, 1973 (2 of 1974\ or any other law for the time being in force on granting of bail." $.f

8. In view thereof, it is clear that Section 37 of the NDPS Act mandates that offences involving commercial quantities non-bailable, requiring reasonable grounds to believe the accused is not gr.rilty and unlikely to co.mmit further offences while on bail. Given the serious sel of allegations leveled against the petitioner with regard to his involvement in possession of 25.596 kgs of ganja, this Court 5 SKS,J Crl.P.No.329 of2025 is not satistled that conditions for granting bail under Section 37 are met. Further, ttre investigation in the case is not yet completed. Therefore, the criminal petition lacks merit and the same is liable to be dismissed.

9. ,Accordingly, this Criminal Petition is dismissed Miscellaneous applications, if any pending, shall stand closed [}t:-* \ To, Sd/- P. CH. NAGABHUSHAMBA ANT REGISTRAR //TRUE COPY' CTION OFFICER 1 2 3

4. q The Vll Additional Metropolitan Magistrate at Medchal, Cyberabad. The Station House Officer, Shameerpet Police Station, Cyberabad. Two CCs to Publrc Prosecutor, High Court for the State of Telangana at Hyderabad. (OtJT) one CC to Sri tJmesh Singh, Advocate [OPUC] Two CD Copies; DL/gh o- :::1* +:'a'_ \:1' HIGH COURT DATED:31/0't /2025 ORDER qr:.:j CRLP.No.329 of 2025 1 I i I t i DISMISSING THE CRIMINAL PETITION -.-:'-"4 1 "--- ,- l . ?... c ? !) ,\ 04 APn 2ffi .,, ,. ' ':...* D r_ S orr:iC$co t