The High Court · 2025

Petition under Section 480 and 483 of BNSS, praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioner herein on bail in connection With FIR No. 856 of 2024 of Shamirpet Police Station, Medchal l/alkajgiri District. The petition/Appeal coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Reddamaina Thirupathi, Advocate for the Petitioner and Sri Yasan Manoon, Additional Public Prosecutor on behalf of the State. The Court made the following ORDER: I l )' ORDER: THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.717 of 2o25 Seeking r- re Court to enlarge the petitioner who is ar rayed as accused No.1 ir. Crime No.856 ol 2024 of Shamirpet Polict Station, Medchal-Malka 11iri District, on bail, the present Criminal Petition is filed.

2. The briel- Iacts ol the case are that on 07 .12 .2024, the Sub- Inspector o[ I'c ]icc at Shamirpet Police Station received credible information alr,rut lour individuals illegally possessLng and transporting garn.ja from Malkangiri Town, Odisha, to H1'dt rabad in a Ford Figo crLr- rvith registration number OD 02 P 7A44. The receivers u'ere erxpected to collect the ganja at the oul skirts of Majeedpur villrr13e . The police secured mediators, rczrr:hed the designated locr.lion near Majeedpur X Roads, and appL'ehended seven suspects, along with the car and two bikes. Tire police recorded their r;latements and registered a case under FI t No.856 of 2024.

3. Heard Sr: R. Thirupathi, Iearned counsel appearing ,rn behalf the petitioner as well as Sri Syed Yasan Manoon, learned t 2 SKS,J Crl.P.No.7l1 oI 2025 Additional Public Prosecutor appearing on behalf of the respondent.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and falsely implicated in a case involving the transportation of ganja. The petitioner is a native of Odisha state works as a driver and security guard to support his family. Petitioner was visiting Hyderabad when his friend, accused No.2, asked him to drive a car to the city and hand it over to someone. He further submitted that the petitioner is unaware of the ganja in the vehicle, was intercepted by police near Majeedpur village. The previous bail application of the petitioner was denied due to the quantity of seized ganja, but he maintains the contraband was not his. 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 petitioner is a drug peddler. He further submitted that the investigation is in progress and if the pe[itioner is released on bail, at this stage, he may tamper with the evidence and may threaten the witnesses. Hence, he prayed the Court to dismiss lhe criminal petilion. __-___ a'i. --. / { 3 sKs,J Crl.P.No.:'17 of 2O25

6. This Cour:, considering submissions made by troth the learned counse and reviewing the record, it is noted -hat the contention o[ tlLr: petitioner that the case is fa]sc, fictitit'us' and fabricated, the :ase was registered without following the due procedure. Ilowever, the Additional Public Prosecutor opprrses bail citing commcrc'al quantity approximately 25'596 kgs of g'lnja and further the peti ioner is involved in another case At this stage, it is pertinent to r ote Section 37 of the NDPS Act, which reads as under: I { , I -"37. (lf[ences to be cognizable and non-barla]lle. (1) Not\\.rtl standing anything contajned in the Code of Crim.n rl Procedure, 1973 (2 of ]-97al,--(al every offence punish rble rtnder this Act shall be cognizable; (l)) r,o person accused of an offence punishable for 1[oife,n:cs under section 19 or section 24 or sectron 27A antl alr c for offences involving commercial quantity] shall be rek: r;ed on bail or on his own bond unless-- (i) the ')rblic Prosecutor has been given an opportunity to oppos,: the application for such release, and (ii) uh,:re the Public Prosecutor opposes the application, the co r -t is satisfied that there are reasonable grounds for beL'eving that he is not guilty of such offence and that he is lrrt lrkcly to commit any offence while on bail. (2) Th( limitations on granting of bail specified in clause (b) of sab-section (1) are in addition to the limitations rrnder flre Code of Criminal Procedure, 1973 12 of 197 4) or any otler larv for the time being in force on granting 01 bai1." 4 SI(s,J Ctl,P.No.z L7 of 2O2S c

7. In view thcreof, Section 37 of the NDpS Ac[ 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 and pending cases against the petiiioner, this Court is not satisfied that conditions for granting bail under Section 37 are met. 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 To, //TRUE COPY// AS IST Sd/. N. SRIHARI NT REGISTRAR \ S CTION OFFICER

1. The I Additional Sessions Judge, lvledchal Malkajgiri District at Kushaiguda.

2. The Station House Officer, Shameerpet, Police Station, Cyberabad, Commissionerate, Hyderabad.

3. One CC to Sri. Reddamaina Thirupathi, Advocate [OPUC] 4. Two CC to PUBLIC PROSECUTOR Advocate [OPT] 5. Two CD Copies PSI(gh HIGH COURT' DATED:1 810212025 ORDER CRLP.No.717 o12025 Dismissing the Criminal Petition ..-: I le .:i '::..,. o () \1. ,_ ((' 0 7 APfr 2025 -.:- lT,lfl11O -(-'