The High Court · 2025

The State of T.S.,, Rep. by its Public Prosecutor, High Court of T S., Hyderabad, Through the SHO Wankidi Police Station Komurambheem Asifabad Distrtct. .....RESPONDENT/COMPLAINANT Petition under Section 438 OF BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioner/ Accused No. 1 on Bail in connection with F.l.R. No. 159 of 2024, Dl. 31110t2024 on the file of the SHO Wankidi Police Station, Komurambheem Asifabad District This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri P RAMULU ,Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Sole Respondent. The Court made the following: ORDER t' 1e on'ble Sri Iustice [.Sreetuvas Rac, Criminal Petitio n No.3554 of 2025 Qrdcr l'lls (Hminal Petition s filed under Sectron 4g3 of Bharatiya lragrik Suraksha Sanhita, 2023 (BNSS,r seeking regular bail rhe petitioner/accused No.1 in Crinn, I,(>.159 of 2A24 on rhe file of SHO Nfanlddi polir:e Station, Kornurambir:em Asifabad District, registered for thr: offence punish;ble rnder Section 8 (c) r/w20 (b) (ii) (c,) of l{arcotic Dmgs :rnrl )sphorropic Substances Act, 19g5 (f,>;- shon, 'NDPS Act',

2. 'Ilrc ,:rs: of the prosecution is that on 31.10202+ cluring the Nlahrr.r:lLtra fusembly elections, while the police were conclrrcti.q 'e hicle checks ar rhe intentate checkp,rrnt in Wankiclr, :Lr rrroud 4:00 PM, a container lorrr n,r:rbered lvIP06HCl.i-'rg tas approaching from fuifabarl tcuar& lVlal'rrrrashrrr. Upon stopping and inspecting the krrr,., ir r.ras iolur,l tc, h;rr e tpur compartmenB. Three companmeirts \\,e re I I i 2 empry, and one compaltment contairr€d white plastic bags and brown packets. Upon questioning the driver about the contents of these pacLets, he revealed that they contained Gania (marifuana). The Police intercepted the petitioner and seized the gania. Basing on the salne, the aforesaid Gime was registered agairst the petitioner/accused No'1 for the aforesaid offences. S.FleardSriP.Ramulu,leamedcounselforthePetftoner and leamed Additional Public Prosecutor appearing for the respondent/State.

4. Leamed counsel for the Petitioner submined that the petitioner/accused No'l' has not committed the alleged offence and he was falsely implicated in the said crime' He funher submired that the contraband 281'75lgs'' Gania u'as seized from accused No2 only and entire allegations are le*'eled against accused No'2' He further submined that the peritioner rras arrested ot 3l'tQ'2024 and since then he is rn judicial I t 3 custo(l),. 'Iire invesdgation is completed except filrg of the chargr slre et. The petitioner shall abide by thr: r::c,nditions, r{rich are : oing to be rmposed bythis C_ourt, and l-re is readyto coope:ar€ 'r,ith the investigation. Flence, the petrtioner may be enJargt'd t,r l'r.ril.

5. I'er conrra, learned Additional public I:,r.osecuror submttted rlLar petirioner/accused No.1 has commift,:d grave offenc<: un<[,rr Secrions g(c) r/w 2O(bXD(q and, Z.g of NDpS Act. H-e l,,.rL.nlined that the contraband i.e., gania, that was seized is ,ti 1.2 kgs., which is commercial quandry. The investigari,rr r is not yet completed and the peririoner ir, involved in simiiar o ltence . Flence, ar this stage, the petitioner is not entitled ior r;r',rnr of bail. 6. Hai irLr; considered rhe rival submissions rnade by respecrive Fr,rries :r,d ,rfter penrsal of the materiaJ. available on record. ir r.cre.rls rhat the police seized the contralrand i.e., 281.7 lgt ,rt eanj:r, which is in commercial quantiry. According tr, rhe leamed Additional public prosecur()r. as on i I , I 4 today, the investigation is not pt completed and the petitioner is involved in similar offence' fu this stage' it is pertinent to noteSectionSToftheNDPSAct,whichreadsasr.rndec " 37. Offences to be cognizable and non-bailable:- (1) Norwithstanding anything contained in the C-ode of Giminal Procedure, l9n e of D7a);-(a) every offence punishable trnder this Act shall be cognizable; iol ,,o o..ron accused of an offence punbhable for l[offences under section 19 or section 24 or section 27 A' andalsoforoffencesinvolvingcommercialquantiry]shall be released on bail or on his own bond unless-- (f the Public Prosecutor has been given an opponuniry to oppose the application for srrch release' and ' (ii) *4rere the Public Prosecutor oPPoses the application' the co'.rn is satisfied that there are reasonable grounds for believing that he is not guilry of such offence and that he is not likely to commit any offence wbile on baiL (2) 'fhe limitations on granting of bail specified in cleuse (b) oi sub-section (1) are in addition to the limitations urrder the Code of Ciminal Procedure' 1973 Q of 197a) or xnv other law for the time being in force on granting of bail."

7. In view thereof, Section 37 of the NDPS Act mandates that offences involving conmrcrcial quantities be non-bailable' ! i I /.//- 5 requnng r-r:asonable grounds to believe the accused is not guilry and Lnlikely to commit further offences q.hile on bail. FIence, sirrr:r: rhe allegations levelled against the petrtroner are serious in cature, this Coun is not satisfied that conclitions for graffing bail under Section 37 are met. Therefore., the criminal petition lacl s merit and rhe same is liable to be dismissed. 8. Accorrlngly, this Criminal petition is dismisse,j. A; a se cruel, miscel.laneous petitions, pending if an.y, stand closed. To, //TRUE COPY// SD/- MOHD. ISMAIL \DEPIJTY REGISTRAR \ sEcil<lN oFFtcER /1,

1. The Additional JurJ c ral First Class Magislrate, Asifabad District 2. The Station Housr: officer wankidr pdrice station wJnkidi Komuran.rbheem Asifabad District

3. The Superintender t Sub- Jail Komurambheem Asifabad District. 4. One CC to SRl. P f I.AMULU Advocale IOPUCI 5. Two CCs to Publr<; F rosecutor. Hrgh Court forihe State of Telangan:r at 6. Two CD Copies Hyderabad [()Ul'r % HIGH COURT DATED:18t03t20 2i ORDER CRLP.No.3554 of .Z)ZS ,::r" :1'-... r,-,,. ,,;,, ;ll.C o? \ c -) E a .,-, li6 * ^t z n i,. -c,Ai \ ./-/ A t' ,, DISMISSING TI.1E C,IiIMINAL PETITION "91