The High Court · 2025

The State of Telangana, Rep by its Public Prosecutor High Court, High Court Building, HYderabad. ...RESPONDENT/COMPLAINANTS Petition under section 480 and 483 of cr.P.c., praying that. in the circumstances stated in the Memorandum of Grounds of criminal Petition, the Hign corrt may be pleased to enlarge the petitioner/Accused No.3 on regular bail in vide Crime No. 71G ot 2024, Police Station Begumpet, Hyderabad District' ThisPetitioncomingonforhearing,uponperusingtheMemorandumof Grounds of Criminal Petition and upon hearing the arguments of Sri CHANDRASHEKHARYADAVS,AdvocateforthePetitionerandofSriSyed Yasar Mamoon, the Additional Public Prosecutor for the state of Telangana on behalf of the Sole Respondent. The Court made the following: ORDER THE I{ONI'BLE SRI JUSTICE J. SREENTVAS RAO CRIM,INAL PETITION No. 265O of 2O2$ ORDER: This C::inLi ral Petition is filed under Section 4g0 rr,r1 483 of the Bharatiyzr N.aqarik Suraksha Sanhita, 2023 (for sh.ort, .BNSSJ by the petiti:ncr.. who is arrayed as accused No.3, seekinl,; bait in Crime No. 7 :_6 ol 2024 of Begumpet police Station, Hyrle rabad, for the offences pu n shable under Section s 22(c) , 2Z , 29 , ll(c ) of the Narcotic Dru11s a rd psychotropic Substances Act, i9g5 (fr,r 51ror, 'NDPS Act').

2. Heard !]ri S.Chandrashekhar yadav, Iearned coun:;el for the petitioner ancl Srr; Syed yasar Mamoon, learned Additi,rna] public Prosecutor appe,: r rng for respondent_State.

3. The case rl prosecution in brief is that on 29.1 .2024 at about 11-45 l.,out:-:i accused Nos.2 to 7 were found i. pos:;es;sion of 124 grams oJ' Arn rhe tamine (total weight is 254 grams; inr:luding the w'eight ol ccn _:riners). Therefore, a case in crimc lJo.716 of 2024 was registr-.r rd against the petitioner and other ac,:u'ed for the offence ur rier ljr:ction s 22(cl, 2Z , 29 , g(c) of the NDpSi ,\c .

4. Learne d c _ r ri-rsel lor the petitioner submil ted :[ri Lt the petl[loner is inr-rcr: ]r]t and she did not commit the aliegeri r ffence 2 ,I.r. and she was falsely implicated in the above said crime. He further submitted that the there are no specific allegations against the petitioner and the contraband was seized from the other accused and she was arrested on 29.71.2024 arrd since then she has been in judicial custody- He also submitted that entire investigation is completed except filing of charge sheet and the petitioner is ready to cooperate wittr the investigation and she will abide by the conditions, which are going to be imposed by this Court

5. Learned Additional Public Prosecutor submitted ttrat 124 grams of Amphetamine (total weight is 254 grams including the weight of containers) 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.

6. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the police seized 124 grams of Amphetamine (total weight is 254 grams including the weight of containers), which is a commercial quantity. At this stage, it is pertinent to note Section 37 of the NDPS Act, which reads as under: "37. Offences to be cognizable and non-bailable. J . - (. ) Notwithstanding anlthing contalned tn tllc ,:- rde of Criminal procedure, 1973 12 of '97 lr--(a) every offence punishable under 1l)is \ ' shall be cognizable; (ir lo person accused of an offence f r-rrr r;. rable for 1 [offences under section 1g or se:ctrorr 24 or section 2ZA and also for offences involr,: ng commercial quantity] shall be r-'lealrr rl on bail or on his own bond unless_ (i the Public prosecutor has been given a.r o,rl)ortunity to oppose the application lor s.-tch elease, and rvhere the public prosecutor opposes tf r,:. i tl: plication, the court is satisfied th at tL r:rs , ,-,. reasonable grounds for believing tL a.t -r,. is not guilty of such offence and that hr: is n rr likely to commit any offence while on ber I (2, 1'hr: lirnitations on granting of bail specifreci rn cl r, sr: (b) of sub_section (1) are n aci<liti:! r to the limitations under the Code ct Criml'i I Procedure, lg73 (2 of l974l or arLy other i tw for the time being in force on grar-rti 'rr1 of bail.,, I I 7 In v .e \\, thereof, Section 37 of the N D PS Act mandates thzrt r: ffences involving commercial quallti ties be non-bailable, re(l I iring grounds t() t,elie ve the reasonable accused is n.t !r,.irty and unlikely to commit furth,:r. offences r.r.hile on bai1. Fkrr ()e, since the allegations levellecl argairlst the petitioner are se t-ous in nature, this Court is not slLtisfiecl 4 that conditions for granting bail under Section 37 are met. Therefore, the criminal petition lacks merit arrd the same is liable to be dismissed. B. Accordingiy, this Criminal Petition is dismissed. As a sequel thereto, miscellaneous applications, if any, pending in this petition stand closed. Sd/. P PADMANABHA REDDY ASSISTANT REGISTRAR /ffRUE COPYI/ SECTION OFFICER

1. The Xl Additional Chief Judicial Magistrate at.Sednderabad' i ii;; $;rinienJent, CG;;disJd; central Jail, Chenchalsuda.Hvderabad s. fne Stdtion House Officer, Begumpet Police Stat'on' HyderaDao Frotii pi j"ecltor,'High court for the state of Telangana at ;. i;-cc; b it 5 dir;-cCi; bnr. 6nnuonnsHEKHAR YADAV S, Advocate [oPUC] 6. Two CD CoPies Hvderabad (OUT) " . To PR I I I I z f, ir r.( r$ = -'j /,ri-^ '' tiIt- ? 0 [1A, 2025 \ * -l)t'. ,, \l-- - :T '.iE!' HIGH COURT' DATED:1 7103|2025 ORDER CRLP.No.2650 of 2025 DISMISSING TI-IE CRL.PETITION \,