The High Court · 2025

THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 3176 OF 2025 Between: Methri Havagonda, S/o. Manik Gonda, aged about 53 years, Occ Agriculture, R/o. H. No. 1-2811, Mavinelly village of Manoor Revenue lvlandal, Sanga Reddy District, T.S. ...Petitioner / Accused No.2 AND The State of Telangana,, Rep., by its Public Prosecutor, High Court of Telangana, Hyderabad, Through Prohibition and Excise, Narayankhed ...Respondent / Complainant Petition under Section 482 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant Anticipatory bail to the petitioners/accu sed No.2 on any terms and conditions to enlarge the petitioners on bail in the event their arrest in COR No 32712022 daled 1211212011-12 on file of Prohibition and Excise Department. Narayankhed. Sanga Reddy District. ! i i1 l i This Petition coming on for hearing, upon perusing the ltrlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri G. Dinesh Patrl, Advocate for the Petitioner and the Additional Public Prosecutor (IG/AP) on behalf of the Respondent. The Court made the following Order:- THE TIONOT,IOURABLE SRI JUSTICE J. SREENI'Y-A.S TI.AO C-TTIMINAL PETITION No.3176 of 2025 ORDER: Thi; Cri rrinat Petition is filed under Section 4tl2 '.tf Bharatiya Nagarik Sural:r;ha Sanhitha, 2023 (for short'BNSll') seeking anticipatory c:il to the petitioner/accused No.2 in CIOR- l'tro.327 of 2Oll-12 c n th3 llle of the Prohibition and Excise Station, Irlara5'ankhed, registered lbr rhe oflences punishable under SectiorLs 2t)ta)(i) of Narcotic f)rug; and Psychotropic Substances Act, I985 tfcr short 'NDPS A,:t')

2. Thc cas< cI'the prosecution is that on 12.12.2011, on rt:ceipt of credible nt'crnation about illegal cultivation of Gania Flznts, the Police raidcc tle agricultural land in Sy.No.89 at Malirrelly Village Shivar anl seiztd 64.256 ganja plants with the height of 5 fe,:l. Basing on the sar.lc rr ( ?sc was registered in COR No.327 of 20lI-12

3. Heirrcl \, r.C.Dinesh Patil, learned counsel for the petit.irlner and Mr.Syed Yasar Vamoon, learned Additional Public Pror;ecutor for the respondcr rt- St a:t: "l+- 2

4. Learned counsel for the petitioner submitted that the petitioner has not committed the offence and he was falsely impticated in the above crime and the entire allegations are leveled against the other accused. He further submitted that the petitioner was unaware of the pendency of the criminal case and when he came to know about the same in the year 2025, immediately he approached the I Additional District and Sessions Judge, Sanga Reddy and filed bail petirion and the learned Magistrate without properly considering the contention of the learned counsel for the petitioner dismissed the bail application. Hc further submitted that the ingredients of offence undcr Section 20(a)(i) of NDPS Act are not attracted. He further submitred rhar rhe petitioner shall abide by the conditions, which are going to be imposed by this Court, and he is ready to cooperative rvith the investigation. Hence, prayed for grant of anticipatory bait.

5. Per contra, learned Additional Public Prosecutor opposed thc same. He further submits that the contraband seized is commcrcial quantity and the investigation is not yet completed. Hence, at rhis stage, the petitioner is not entitled for grant of bail. I I J I i, i 3

6. Har ing c c'nsidered the rival submissions made 111' res foctlve parties an'l a{ter perusal of the material available on rec'lrd' it rr:veals that the rolicc seized 64'256 ganla plants' which is c'lnrntercial quantity and tl'e investigation is not yet completed' At this str'rge' it is pertinent to notr: Section 37 of the NDPS Act' which reads as under: "17 ()ft'ences to be cognizable and non-bailable - (l) \ otwithstanding anything contained in the C':de rf Cnrlnal Procetlure' l97l (2 of I974)'--(a) everl oflieni:e llrtn shable under ttris Act shall be cognizable; (bj 'ro person accused ol an offence punishabl: 1ol' Iir-r'lences undcr section 19 or section 24 or secti'm 2"1' antl rlso tbr oft-enccs involving commercial quantityl stLall ' bt: -t leased on bail or on his orvn bond unless-- (it tre Public l'rosecutor has becn given an opporlunitl to oD')r)sc thc application tbr such release' and (ti *'ltere the Public Prttsecutor opposes the applicati'rn' the :o'rr is satistlcd that thcrc are reasonable golnds frr l'elcvrng that hc is not gurlty oI such offence and thlt he is rrr t likely to commit any oft-ence white on bail' (l) the limitations on granting ofbail specified in ':lrrust: tb) r) iub-section ( I ) are in additlon to the limitatiorrs unde: 'lhe I cilc of Crimrnal Procedurc' t973 (2 of 1974) or any ' lir\ v tilr tht: trtnc beir.tg in force on granting ofbarl " )ther ltt vLtru thereot'' Section 37 of the NDPS l\ct miuldates that 7. offences iIr"'olving commerciaI quantities be non-llailable' requiring \ \ 4 reasonable grounds to believe the accused is not guilty and unlikely to commit further offences while on bail. Hence, since the allegations levelled against the petitioner are serious in nature, 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, pending if any, shall stand closed. \ \ To, //TRUE COPY// SD/- MOHD.ISMAIL DEPUTY REGISTRAR SECTION OFFICER 1 . The I Additional District and Sessions Judge, Sangareddy 2 The Station House Officer, Prohibition and Excise Station, Narayankhed 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana, Hyderabad, [OUT] 4 One CC 1o Sri G Dinesh Patil, Advocate {OPUCI 5. Two CD Copies \tf ish f t HIGH COUR'T DATED:18103'12025 ORDER CRLP.No.3176 of 2025 t',/., t\'a > t a-s' =:A4\\ <r, \r,.' ar\ r25 j) 03 ,rlN ? /. '"''lc t __O; 5 p.ri{ / .o DISMISSING THE CRLP