Heard Sri v. Krishna Swaroop, learnerl cc,unsel for the

This Petition'coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri V Krishna Swaroop, 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 I THE IIIOII'BLE SRI JUSTICE J. SREENI\/ASI RAO C:RTMINAL PETTTION No.3727 of 2025 ORDER: This <:.-rminal petition is filed by the petiticner/Al under Sec ti,rr s 480 ald 4g3 of Bharatiya Nagril.. Suraksha Sanhita (I:rNI;s) to enlarge him on bail in crime No 156 of 2024 on tl-rt: jlle of Kadam police Station, Nirmi:l t)istrict, registereC fc,r the offence punishable under Sectior: g(b)c) read u,i,_h 2 0(a)(b)(i)(ii)(C) of the Narcotic Drugr,; And Psychotrop,ir: Slubsta,ces Act, 19g5 (for short, *the NDpS Act").

2. Heard Sri V. Krishna Swaroop, learnerl cc,unsel for the petitioner., and Sri Syed yasar Mamoon. learned Additionat Irtt,lic prosecutor for the respondent I ,l-

3. The cas,: ,f the prosecution is that on 01.12.2024, on receipt of ,:rr_.ctiL,le information that the petitioner ir; illcgally cultivatinp t:anrLabis plalts in his agriculture tleld r.r,it h al intention tc, e :rn money, the Sub_Inspector of p:lice, Kadam al,n g ,r,ith his staff rushed to the field s ot petitioner a1;1d _ other accused and found Galja p lan. s in . 2 \ their resPectrve Rs.41,50,OOO/-' cover of Panch and Mediators found that frelds, removed them and on weighing it the same was 4a'64 Kgs worth The said contraband' was seized under of Tahsildar, Kadam arrafia in the Presence and arrested the petitioner' Basing on the said comPlaint, a case in Crime No'156 of 2024 was registered for the above sard offences' 4. Learned counsel for the petitioner submits that the petitioner has not committed arry offence and he is falsely implicated in the present crime' The police have' not segregated the actual Ganja and if the investigating offrcer segregated the dry Gania'it comes to below the commercial quantity. However' the investigating ofhcer stated in the iemand case diary that the petitioner is in possession of Kgs of Ganj a and the same is contrary to the Iaid down bY the High Court of BombaY 1n d Jakir Nawab Ali vs' State of Maharashtra .S.O. '' He further submits that the petitioner on 01.12.2024 and since then he is in judicial t 3198 3 ;rt filing of custod.r' alld the investigation is completed e.xce char6;e slu:et and the petitioner is ready and willing to cooper.tte with the investigation and also ebicie by the condii-icrn s r-hat are going to be imposed by thir; court. 5. I)e:. :ontra, learned Additiona-t pubtic pr.osecutor opposed tite submissions made by the iea:.nec coLrnsel for the pe;itror:r,r stating that the contraband seized riom the petitiorLe r. ztrd other accused is 62.43 Kgs rrf. c annabis plants u,:rrtl Rs.72,5O,OOO/_. The petitioner pJanted 83 plants rr-r:iglr,:d 4g.64 Kgs of Ganja worth Rs.41,S(,,000/-. Investigrat;or is under progress and at this sterge the petitioner is .rot entitled for gralt of bail.

6. Havir-rs1 considered the rival submissions mirde by both the parlies ald aJter perusal of the material a," ailable on record. it reveals that the police seized 4g.64 Kgs of cannabis r>l a n ts from the petitioner,s fields, u hich is a commercia i lualtity, and the investigation 1s under progress It is relevant to mendon Section 37 of the NDPS Act' 7 which reads as under: ald non- anYthing to be cogrrizable Notwithstanding Code of Criminal "37. Offences bailable. -- (1) contained in the 1973 (2 of 1974],,-' (a) every offence punishable under this Act shall Procedure, be cognizable; (b) no person accused of arr offence punishable under section 19 or section 24 or ; and also for offences involving quantity] shall be released on bail or ,;;".t" ""(r*11 "o ".--*.r, on his own bond unless-- (i) the Public Ptosecutor opportunity to oppose the release, and has been given an apPlication for such (ii) where application, the Public Prosecutor oPPoses the the court is satisfred that there are grounds for believing that he is not Jl off".r"" and that he is not tikely to reasonable guilty of su commit alY offence while on bail' (2) The limitations on granting of bail specihed in clause (b) of sub-section (1) are in addition to ttre IimitaLions under the Code of Crirninal Procedure, lg73 (2 ol 197 4\ or any other law for the time being in force on granltnl of bail " 5

8. Ir lierr thereof, Section 37 of the NDpS A<:t m aldates that ofle er:r: ; involving commercial quantitie s l.,e non_ bailable , :e c rriring reasonable grounds to believe I hat the accusecl is -rot guilty and unlikely to comrnit further offences ri.hi t: on bail. Since the allegations leve led against the petitr,tn,t: are serious in nature, this Cc,urt is not satisfiec r1i1 . conditions for granting bail under Section 37 are met TI- r:refore, the criminal petition lacks me rit and the sam,: s e r:cordingly dismissed. Pe;rclirr11 miscellaneous applications, if any shail startd clos ei Sd/. P.CH. NAGABHUSHAMBA DEPUT'/ REGISTRAR //TRUE COPY// A6#STANT RE€4SET# Is;ecltot'r oFFtcER To

1. The Judicial Firs;t l)lass I\/agistrate at Khanapur, Nirmal Districl. 2. The Station House Oflir;er, Kadam Police Station , Nirmal District 3. One CC to Sri \/. l(risrhna Swaroop, Advocate [OPUC] 4. Two CCs to PUIIL 1C )ROSECUTOR, High Court for the state o1 Teli,rngana at Hyderabad [OU].1

5. Two CD Copies \ \\l BJLB /PSL HIGH COURT DATED:20t03t202t5 ORDER CRLP.No.3727 ot 202! CRIMINAL PETITION IIJ DISMISSED ?+ { 'i+ J() () c't IllE S 14 \1 o \ (l 2 { ,lul 7P5 ( }' :' D 4.S,,,,. ,- ',1