The High Court · 2025

... Res po n de n VCo m pla in a n t of BNSS praying that in the crrcumstances stated in the Memorandum of Grounds of criminar petition, the High court may be pleased to enlarge the petitioner/Accused No,3 on bail in crime No 1518 of 2024 dated 30-10-2024 of Miyapur porice station, cyberabad. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminar petition and upon hearing the arguments of Sri K. Govind Reddy, Advocate for the petrtioner and the Sri Syed yasar Mamoon, Additional Public Prosecutor on behalf of the Sole Respondent. The Court made the following: ORDER - -.PF:;'34 z* THE; HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.693 of 2o25 ORDER: The present Criminal Petition is filed praying this Court to enlarge the petitioner who is arrayed as accused No.3 in I FIR.No.1518 ol 2024 before the Miyapur Police Station, Cyberaba.d, registered for the offences punishable under Sections fi(c) read with 2o(b)(ii)(cl, 27(a) and 29 of the Narcotic Drugs And Psychotropic Substances Act, 1985, (for short 'NDPS] on baii.

2. The brief facts of the case are that on October 30, 2024, at 15:C0 hours, Accused No. I arrived at Miyapur Metro Station, where the petitioner was waiting in his Xylo car bearing registratron number TS07 UB 4872. At 16:45 hours, Accused Irlo. 1 and otlers met petitioner, who then drove them to near Kinetic Magnaum Apartment in Miyapur, u'here they intended to sell 21 kilograms of ganja to customers. However, 1-he police intercepted them and seized the ganja and regist,ere:d criminal case against the petitroner firr the 2 SKS,J Crt.P-No 693 of2025 offences as alleged. Aggrieved thereby, ttris Criminal petition is frled.

3. Heard Sri K.Govind Reddy, learned counsel for petitioner, and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing on behalf of respondent - State.

4. Learned counsel for the petitioner submitted that the petitioner has been in custody since October 31,2024, and that his further detention iS unnecessary as the prosecution has already examined 10 witnesses arrd completed the investigation. He averred that the baii application of petitioner was previously dismissed without vaiid reason and that the case against tJle petitioner is based on false allegations. He asserted that the petitioner undertakes to cooperate with the investigation, appear before the Court as required, and furnish sufficient sureties to the satisfaction of the Court, while also abiding by arry imposed terms and conditions, demonstrating no likelihood of escape or absconding. Therefore, he prayed the Court to grant bail to the petitioner by allowing this criminal petition. 3 SKS,J Crl.P.No.69il of 2025

5. On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel fcrr the petitioner stating that the quanttrm of recovery o1' contrabald constitutes commercial quantily and that the s,ame was in possession of petitioner and other accused. Fte contended that releasing the petitioner on bai1, could leerd to him committing similar offences. Therefore, prayed the Court to dismiss the criminal petition.

6. Having regard to the .rival submissions made and on going through the material placed on record, it is noted that 21 kgs of ganja was seized by the police from the possession of petitioner ald other accused. The seized contrabzrnd is commercial quantit5r.

7. That being so, it is relevant to extract Section 37 of the NDPS Act, ufiich reads as under: "i17. Offences to be cognizable and non- bailable. -- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 4 SKS.J Crl.P.No.693 of2025 197 3 (2 of 197!,--(al every offence punishabie under this Act shall be cognizable; (b) no person accused of an olfence punishable for l[offences under section 19 or section 24 or section 27A and,also for offences involving commercial quanttty] shall be released on bail or on his own bond unless-- (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, tJle court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely lo commit any offence while on bail. (2) The lirnitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the timitations under the Code of Criminal Procedure, 1973 (2 of I97 4l or any other law for the time being in force on glanting of bai1." 5 SKS,J C11.P.No.69 3 of 2O25

8. In view thereof, it is clear that Section 37 of the NDPS Act mandeLtes that offences invoiving commerciai qua ntities be non-bailable, requiring reasonable grounds to believe the accused is not guiity and unlikely to commit further offences r,r.hile on trail. Given the serious set of allegations levele d against the petitioner with regard to his iil,olvement in possession of 21 kgs of ganja, this Court is not satisfied that conditions for granting bail under Section 37 are met. Further, ttre investigation in the case is not yet completed. Thereforc, the criminai petition lacks merit and the same is iiable to be disrrrissed.

9. Accordingl,v, this Criminal Petition is dismissed Misc,:llaneous applications, if any pending, shall stand closed. Sd/- MOHD. ISMAIL ASSISTANT REGISTRAR //TRUE COPY// ION OFFICER To, District.

1. The Vlll Addi.ional lt/letropolitan t\4agistrate at Kukatpally' Cyberabad 2. The Station uouse oticer- Miya"pur Police Station triliyapur Cyberabad 3. Two ccs to the Public Prosecutor, High court for the State of Telangana at ' Hyderabad [CUT] a. One CC to i. Govind Reddy, Advocate IOPUC] 5. Two CD CoPies . kam/DL HIGH COURT DATED:0510212025 I ORDER CRLP.No.693 of 2025 AI x -) 9 1 1 2fl [25 t\ tI\ t E s P cT + * r! DISMISSING OF THE CRIMINAL PETITION