The High Court · 2025

Grounds of crrminal Petition and upon hearing the arguments of sri Medisi Ratna Rao, Advocate for the Petitioner and of Sri Syed Yasar Mamoon, learned Addl. Public Prosecutor on behalf of the Respondent. The Court made the fol'lowing: ORDER l I I I I I i i i i I i I i I I I : i ,7 /l THE ]]ON'BLE SRI JTISTICE J. SREENIVAS R./\O CIIIMINAL PETITION No. 1280 of 2025 ORDER: This Crri rrinal Petition is hled under Section 480 a-rd 483 of the Bharatiya Na,garik Suraksha Sanhita, 2023 (for short, 'IlN:iS') by the petitioner, v,,lr : is arrayed as accused No.4, seeking trai in Crime No. 1661 of 2024 of Miyapur Police Stzrt ror , ,Jyberabad Commissione:ate lbr the offences punishable under Ser t or:s 8(c) read with Section 22(B), 22(cl and 27 ol the Narrotrc t rugs and Psychotropicr -:r rbs[ances Act, 1985.

2. Heard fi i Syed Yasar Mamoon, learned u\dcli,.io:ral Public Prosecutor ap;rr:aring for respondent- State -

3. The record discloses that this casc lrnde r,er.t several adjournmenr:s from 06.02.2025, lO.O2.'2O.!..5, | 1..O2.2025,

17.O2.2O2!i. a.O2.2025, 24.O2.2O25 and O,1.03 20125 rrt rcquest of the learned ). unsel for the petilioner. Todar itlsc . t}. ere is no representatio:r rn behalf of the petitioner in the mornir rr s( ission and in the afteln,c,rr session, either physical mocle or virtua rno,le. 4 The c:r;: ol prosecution in brief is thaL rrn ( ?.1.)-.2024 on rccerpt of ir:r1c r ma tion about illegal tran spc)rtatio n o ps;c:hotropic substances; or Bejaj Pulsar bike near World C)nt: S t'-ro rl at New Hafcczpet, t1-Lr 1,oii:Jalong with thc panch s'itncssr s \\' rlL[ o the said 2 place and the seizing officer has intercepted the acrcused and found 2 grams of MDMA and seized the same. Thus, the petitioner along with other accused was arrested on 05.12.2024.

5. According to the petitioner, he is innocent and he did not commit the alleged offence and he rvas falsely implicated in the above said crime and he was arrested on 05.12.2024 and since then he has been in judicial custody and that he is ready to cooperate with tlre investigation.

6. Learned Additional public prosecutor submitted that the 1.004 kg of Hashish oil was seized in this case, which is a commercial quantity and the investigation is not yet completed and therefore, the petitioner is not entitled for grant of bail at this juncture. 7 . Having considered the rival submissions rnade by the respective parties and after perusal of thc material available on record, it revears that the police seized the conLraband of 1 004 kg of Hash oil, which is a commercial quantit!'. At this stage, it is pertinent to note Section 37 of the NDPS Act, n.hich reads as under: "37. Offences ro tre coguizatrle and non bailable -- (1) Notr,vi th s tancling anl thir.rg contained in the Code of Criminal l)roccdure, lg73 (2 of 797+1,--(a) everr, offence punishable under this Acl shall be r-og.;,.,111,. J rro person accused of an offen( e purrshable for 1[offences under section 19 r,r :,e r rrn 24 or section 27A arld also for oflenc( s r11. (, ving commercial quantity] shall be releas(d on : ail or on his own bond unless- lhe Public Prosecutor has been givcn an I 0p;rrtunity to oppose the application for such rel :. se, and { rr where ttre Publ.ic Prosecutor opposcs tL c r'p:1 cation, the court is satis|red that there arc rc; r,,rable grounds for believing that he rs n(r IIJ lr./ oi such offence and that he is not likely ro r ,rr r : nit any offence while on bail. (il) ': re limitations on granting of bail specified ir ciar rr: (b) of sub-section (1) are in aciditioir rr th( Umitations under the Code of Cnniin,Ll I'r'r ,, :dups, 1973 (2 of 79741 or any other l.L\! f( r 1 l1r t me being in force on granting of bail. " I (

8. In view thereof, Section 37 of thc .{DPS Act mandates; tt lt olfences involving commercial (lua ]titi ,,s bc non- I t bailable, rec l l trirrg reasonable grounds to beLie',',. :Ir e zrccrrsed is not guilt ' rn(l unlikely to commit further offenirt,; u,hile on bail. Hen:r:, ;ince the allegations levelled agzlinsr rhr petitioner :lre scric u s in nature, this Court is rtot iitr i ilic.L rhat Corrclitior-rs ti ' grrlnting bail under Section 37 err c r t,.r 'J-hcrcti)re, thc criminir retition lacks merit and the san.t (. s Ii rt.;te to be clismissec. ,r.c r rd ngly, this Criminal Petition is drsr ri:;s .cl 4 As a sequel thereto, rniscellaneous applications, if any, pending in this petition stand closed. SD/- P. PADMANABHA REDDY EPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To The PJCJ CUM VlllAddl Metropotitan Magistrate, at Kukatpally' R R District The Station House fficer, Miyapur , Cyberabad One CC to Sri Medisi Ratna Rao, Advocate IOPUC] TwoCCstoPUBL|CPRoSECUToR,HighCourtfortheStateofTelanganaat Hyderabad [OUTI Two CD copies. 1 2 J 4 5 +BJLB/gh I i 'I ?i I i i'\ t) ,J ,+ I ,4 oB IItE 0 L,l (5., \...- :r, rr r tcO :- a HIGH COURT DATED:11/03/20;2r; ORDER CRLP.No.1 280 ol'^l')25 CRIMINAL PETITIC)\ IS DISMISSED ff(,-r " b$,