High Court · 2025

The Stats of relangana, Represented by its public prosecutor, High court for the state of relangana, Hyderabad, througli Station House officei, p"s pror,iuition a Excise Station, Nirmal. ...RespondenUComplainant Petition under Section 480 & 483 of BNSS Acr, 2023 praying that in the circumstances stated in the Memorandum of Grounds of criminal pltitLn, the High court may be pleased to enlarge petitioner/ Accused No..l on regular bail in cr.lrio. 618 ot 2024 of PS prohibition & Excise station, Nirmal on the iile of the Hon,bre court of the Principal District and sessions Judge at Nirmal on any condition and any other order which the court may deem iit and proper in the facts and circumstances of the case may be also passed in favor of the petitioner/ Accused No.1 , This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri K CHANDRA SEKHAR REDDY, Advocate for the petitioner and [Vrr. syED YASAR IvlAMooN, Additional Public Prosecutor on behalf of the Sole Respondent. The Court made the following: ORDER THE I{ONOURABLE SMT JUSTICE K. SUJANA TIRIMINAL PETITION ![o.417 of 2025 ORDER: The present Criminal Petition is filed praying this tlourt to enlarge l-he petitioner who is arrayed as accused I\kr' 1 in Crime No.618 of 2024 before the Prohibition and l)xcise Station, Nirrnal, on the file of the Principal Distri(J. and Sessions Judge, at Nirmai, registered for the o lfences punishable under Sections 8(c) read wll.tr 22 of the Narcotic Drugs Anci Psychotropic Substances Act, 1985, (for short 'NDPS') and Section 34(a) read w.ith 34(1) of the Telangana State Excis;e Act, 1986 read with +(a)/s(a) of TSCH llules, I q73, 6n b,ril.

2. The brief facts of the case are that on 03.1O.2()!)4 the Excise Off cials served search memo to the petitioner and searched the house and found 3.29 kgs of Alphrazolam in plastic co'rer. On interrogation, the petitioner co:: fessed regarding the same. After seizure of the contrabanrl, the police regrstered case against the petitioner for the offences as alleged. Aggrieved thereby, this Crimina1 Petition is filed. 2 SKS,J Crl.P.No.417 of2025

3. Heard Sri K.Chandrasekhar Reddy, Iearned counsel for petitioner, arrd Sri Syed yasar Mamoon, learned Additional Public Prosecutor appearing on behalf of respondent _ State.

4. Learned counsel for the petitioner submitted that the allegations against the petitioner are false and baseless; and that he is innocent and not involved in the alleged offence of trade or possession of Alphrazoram. He contended that there is no pima 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 trade of Alphrazolam and contended that petitioner is a law-abiding citizen who is wilting to cooperate with the investigating agency. Therefore, he prayed the Court to grant bail to the iretitioner by allowing this criminal petition.

5. On the other hand, learned Additionai public Prosecutor opposed the submissions made by the Iearned 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 ,j; 3 SKS,J Cr1.P.No.4l7 of2o25 accused. He contended that releasing the petitioner on bail' could lead to him committing similar offences' Ther':fore' prayed the lourt to dismiss the criminal petition'

6. Having regard to the rival submissions made zLnd on going throrLgh the material placed on record, it is nott:rl that

3.29 kgs of Alphrazolam was seized by the police from the possession of petitioner in his house. The seized cont:::rband is commerc:ial quantity. That being so, it is relevant to extract Section 37 of the NDPS Act, which reads as under: "l]7. Offences to be cognizable and non- bailable. -- (1) Notrvithstanding anlthing r::ntained in ttre Code of Criminal Procedure, loTJ (2 of lg74l,--lalevery offence punishable r,rnder tllis Act shall be cognizable; ilr) no person accused of an offence .,unishable for l[offences under section 19 or sei:tion 24 or section 27A and also for offences i irvolving comrnercial quantityl shall be released on bail or on his own bond unless-- l 4 SKS,J &l P.No.al7 of 2025 o (i) the Public Prosecutor has been given an opportunity to oppose the application for such release, ald (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 olfence and that he is not likely to commit any ollence while on bail. (2) The limitations on granting of bail specifred in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 7973 (2 of lg74) or any other law for the time being in force on granting of bail.,,

7. In view thereof, it is clear that Section 37 of the NDpS Act mandates that offences involving commercial quantities be non-bailabie, requiring reasonable .grounds to beiieve the accused is not guilty and unlikely to commit further ollences while on bail. Given the serious set of allegations leveled against the petitioner with regard to his involvement in possession of 3.29 kgs of Alphrazolam, this Court is not 5 SKS.J CrLP.No.41;/ of 2025 satisfied that conditions for granting bail under Sec'Jon 37 are met. Ihrther, the investigation in the case is not yet completed and the petitioner is prime accused in the case' Furthermorr:, there are seven other cases pending against the petitioner: jbr similar offences. Therefore, the criminai petition lacks meri: and the same is liable to be dismissed'

8. Accc,rdingly, this Criminal Petition is dismissed Misc:eilaneous applications, if any pending, shall stand closed To, //TRUE COPY// Sd/- K. AMMAJI GISTRAR A OFFICER

1. The Additional Judicial First Class Magistrate at Nirmal 2. The Principal District & Sessions Judge at Nirmal 3.TheStationl]ouseofficer'Prohibition&ExcisePoliceStatiorlNirmal. 4- The Su perinr:e ndent, Sub Jail,Nirmal 5. Two Cis to the puBllc pR65ECUTOR, High court at Hyderrabad.(oUT) 6 One CC to [iRl K CHANDRA SEKHAR REDDY Advocate IOPUC] 7. Two CD CoPies RC/DL HIGH COURT DATED: 0510212025 ORDER GRLP.No.417 of 2025 lfri'if1,, oF (,; (- ) o o 0 6 l,il 2[25 t OgS r lrCF -_o a ACCORDINGLY, THIS CRIMINAL PETITION IS DISSMISSED W

The Stats of relangana, Represented by its public prosecutor, High court for the state of relangana, Hyderabad, througli Station House officei, p"s pror,iuition a Excise Station, Nirmal. ...RespondenUComplainant Petition under Section 480 & 483 of BNSS Acr, 2023 praying that in the circumstances stated in the Memorandum of Grounds of criminal pltitLn, the High court may be pleased to enlarge petitioner/ Accused No..l on regular bail in cr.lrio. 618 ot 2024 of PS prohibition & Excise station, Nirmal on the iile of the Hon,bre court of the Principal District and sessions Judge at Nirmal on any condition and any other order which the court may deem iit and proper in the facts and circumstances of the case may be also passed in favor of the petitioner/ Accused No.1 , This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri K CHANDRA SEKHAR REDDY, Advocate for the petitioner and [Vrr. syED YASAR IvlAMooN, Additional Public Prosecutor on behalf of the Sole Respondent. The Court made the following: ORDER THE I{ONOURABLE SMT JUSTICE K. SUJANA TIRIMINAL PETITION ![o.417 of 2025 ORDER: The present Criminal Petition is filed praying this tlourt to enlarge l-he petitioner who is arrayed as accused I\kr' 1 in Crime No.618 of 2024 before the Prohibition and l)xcise Station, Nirrnal, on the file of the Principal Distri(J. and Sessions Judge, at Nirmai, registered for the o lfences punishable under Sections 8(c) read wll.tr 22 of the Narcotic Drugs Anci Psychotropic Substances Act, 1985, (for short 'NDPS') and Section 34(a) read w.ith 34(1) of the Telangana State Excis;e Act, 1986 read with +(a)/s(a) of TSCH llules, I q73, 6n b,ril.

2. The brief facts of the case are that on 03.1O.2()!)4 the Excise Off cials served search memo to the petitioner and searched the house and found 3.29 kgs of Alphrazolam in plastic co'rer. On interrogation, the petitioner co:: fessed regarding the same. After seizure of the contrabanrl, the police regrstered case against the petitioner for the offences as alleged. Aggrieved thereby, this Crimina1 Petition is filed. 2 SKS,J Crl.P.No.417 of2025

3. Heard Sri K.Chandrasekhar Reddy, Iearned counsel for petitioner, arrd Sri Syed yasar Mamoon, learned Additional Public Prosecutor appearing on behalf of respondent _ State.

4. Learned counsel for the petitioner submitted that the allegations against the petitioner are false and baseless; and that he is innocent and not involved in the alleged offence of trade or possession of Alphrazoram. He contended that there is no pima 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 trade of Alphrazolam and contended that petitioner is a law-abiding citizen who is wilting to cooperate with the investigating agency. Therefore, he prayed the Court to grant bail to the iretitioner by allowing this criminal petition.

5. On the other hand, learned Additionai public Prosecutor opposed the submissions made by the Iearned 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 ,j; 3 SKS,J Cr1.P.No.4l7 of2o25 accused. He contended that releasing the petitioner on bail' could lead to him committing similar offences' Ther':fore' prayed the lourt to dismiss the criminal petition'

6. Having regard to the rival submissions made zLnd on going throrLgh the material placed on record, it is nott:rl that

3.29 kgs of Alphrazolam was seized by the police from the possession of petitioner in his house. The seized cont:::rband is commerc:ial quantity. That being so, it is relevant to extract Section 37 of the NDPS Act, which reads as under: "l]7. Offences to be cognizable and non- bailable. -- (1) Notrvithstanding anlthing r::ntained in ttre Code of Criminal Procedure, loTJ (2 of lg74l,--lalevery offence punishable r,rnder tllis Act shall be cognizable; ilr) no person accused of an offence .,unishable for l[offences under section 19 or sei:tion 24 or section 27A and also for offences i irvolving comrnercial quantityl shall be released on bail or on his own bond unless-- l 4 SKS,J &l P.No.al7 of 2025 o (i) the Public Prosecutor has been given an opportunity to oppose the application for such release, ald (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 olfence and that he is not likely to commit any ollence while on bail. (2) The limitations on granting of bail specifred in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 7973 (2 of lg74) or any other law for the time being in force on granting of bail.,,

7. In view thereof, it is clear that Section 37 of the NDpS Act mandates that offences involving commercial quantities be non-bailabie, requiring reasonable .grounds to beiieve the accused is not guilty and unlikely to commit further ollences while on bail. Given the serious set of allegations leveled against the petitioner with regard to his involvement in possession of 3.29 kgs of Alphrazolam, this Court is not 5 SKS.J CrLP.No.41;/ of 2025 satisfied that conditions for granting bail under Sec'Jon 37 are met. Ihrther, the investigation in the case is not yet completed and the petitioner is prime accused in the case' Furthermorr:, there are seven other cases pending against the petitioner: jbr similar offences. Therefore, the criminai petition lacks meri: and the same is liable to be dismissed'

8. Accc,rdingly, this Criminal Petition is dismissed Misc:eilaneous applications, if any pending, shall stand closed To, //TRUE COPY// Sd/- K. AMMAJI GISTRAR A OFFICER

1. The Additional Judicial First Class Magistrate at Nirmal 2. The Principal District & Sessions Judge at Nirmal 3.TheStationl]ouseofficer'Prohibition&ExcisePoliceStatiorlNirmal. 4- The Su perinr:e ndent, Sub Jail,Nirmal 5. Two Cis to the puBllc pR65ECUTOR, High court at Hyderrabad.(oUT) 6 One CC to [iRl K CHANDRA SEKHAR REDDY Advocate IOPUC] 7. Two CD CoPies RC/DL HIGH COURT DATED: 0510212025 ORDER GRLP.No.417 of 2025 lfri'if1,, oF (,; (- ) o o 0 6 l,il 2[25 t OgS r lrCF -_o a ACCORDINGLY, THIS CRIMINAL PETITION IS DISSMISSED W