The High Court · 2025

The Stale of Telangana, rep. by its Public Prosecutor, High Court of Judicature At Hvderabad ...RES'.NDENT/..M'LA'NANT Petition under Section 480 & 483 of BNSS., praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition' the High Court may be pleased to Grant Regular Bail to the Petitioner in the FIR NO. 1012 of 2024, Police Station, Narsingi, 22(c),27,29,r|w 8c NDPS Act ln The Court of The Xlll Addl Metropolitian Magistrate Cyberabad At Rajendranagar. Against the petitioner And Pass This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Mohd Fasiuddin, Advocate for the Petitioner and of Sri Syed Yasar Mamoon, learned Addl. Public Prosecutor on behalf of the Respondent. The Court made the following: ORDER THE HO]II'BLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.371O of 2O25 ORDER: This r riminal petition is filed by the petitioners/Al under Secl,icns 480 and 483 of Bharatiya Nagrik Suraksha Sanhita (BNSS) to eniarge him on bail in Crime No.1012 of 2024 on the Iile of Narsingi Police Station, Hyderabad, registered for the offence punishable under Sections 22(c), 27 and 29 rcad with 8(c) of the Narcotic Drugs And Psychotropic Substances Act, 1985 (for short, "the NDPS Act")

2. Hearci Sri Mohd. Fasiuddin, Iearned counsel for the petitioner, irnd Sri Syed Yasar Mamoon, learned Additional Public Prose cutor for the respondent.

3. The case of the prosecution is that on 15.O7 .2024 , on receipt of credible information that the petitioner and other accused vvere in possession of huge commercial quantit5r of Narcotic drugs, the Detective Inspector of Police, Narsingi Police Station, along with his staff and mediators went to the subjecl premises and arrested the petitioner and other 2 accused, who were in possession of 199.10 grams of Cocaine, and seized the said dr.g along with material objects i.e., Republic of Guine-Bissau Passport bearing No.AAANO2456, iPhone 15 Pro .. Max bearing No.9O27743962 and 7085997847 (eSIM) and Samsung Gala;ry A71 bearing Nos.8119856076, 7627302409 and WhatsApp No.+23490661247823 which is used at the time of commission of offence. Basing on the said complaint, a case in Crime No. 1012 of 2O24 was registered for the above said offences.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence and he is falsely implicated in the present crime. The contraband seized from the petitioner is below the commercial quantity. The police seized the contraband without following the mandatory procedure prescribed under the provisions of the NDPS Act and the petitioner was arrested on

16.07.2025 and since then she is in judi.cial custody and the entire investigation is completed and charge sheet is filed. He further submits that the petitioner is ready and 3 willing to cooperate with the investigation and also abide by the conditions that are going to be imposed by this Court.

5. Per contra, iearned Additional public prosecutor submits that the petitioner has committed grave offence and the contraband seLed from the petitioner and other accused is 199.1O grams of Cocaine, which is a commercial quantity, and the petitioner is also involved in Crime No.464 of 2019 and the same is also pending. Therefore, the petitioner is not entitled for graat of bail.

6. Having considered the rival submissions made by both the parties ald after perusal of the material available on record, it reveals that the police seized 199.10 grams of Cocaine from the petitioner and other accused, which is a commercial quantit5r. As per the instructions furnished by the Sub-Inspector of Police, Narsingi police Station, Hyderabad, dated L7.03.2025, the learned Additional Public Prosecutor submits that the petitioner is also involved in Crime No.464 of 2OL9, which was registered under the provisions of the NDPS Act. 4 7 . It is relevant to mention Section 37 of the NDPS Act, which reads as under: "37. Offences to be cognizable and non- bailable. * (1) Notwithstanding ..an)'thing contained in the Code of Criminal Procedure, 1973 12 of t974l,,-- (a) every offence punishable under this Act shall be cogniz-able; (b) no person accused of an offence punishable for 1{offences under section 19 or section 24 or section 27A and also for offences involving commercia-l quantityl shall be released on bail or on his own bond unless-- (i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and (ii) where the Public Prosecutor opposes the application, the court is satislied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit aly offence while on bail. (2) The limitations on granting of bail specified in clause (b) of sub-section (l) are in addition to the limitations under the Code of Criminal Procedure, 1973 12 of 19741 or any other law for the time being in force on granting of bail." 5

8. In vierv thereof, Section 37 of the NDPS Act mandates that offences involving commercial quantities be non- bailable, requiring reasonable grounds to believe that the accused is not guilty and unlikely to commit further offences while on bail. 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. 'I'herefore, the criminal petition lacks merit and the same is accordingly dismissed. Penciing miscellaneous applications, if :rny, shall stand closed SD/- P. PADMANABHA REDDY P TY REGISTRAR t I //TRUE COPY' S TION OFFICER To The Xlll Addl ttletropolitan Magistrate Cyberabad At Rajendranagar The Station House Officer, Narsingi Police Station , Hyderabad. One CC to Sri Mohd Fasiuddin, Advocate IOPUCI Two CCs to PUBLIC PROSECUIOR, High Court for the State of Telangana at Hyderabad [OUT] Two CD copies. 1 2 3 4 BJLB/gh I HIGH COURT DATED:20103t2025 ORDER CRLP.No.3710 ot 2025 ,al o (J o_ \ EH{Ro( >. \ oe lutt M 9 'c'4 rL'ql=o { CRIMINAL PETITIO\ IS DISMISSED @Y#6