High Court · 2025

State of Telangana' Rep by its Public Prosecutor High Court for the State of Y;i;il;;r"Tiii"ngl poiice Station BDL Bhanoor' ResPondenUComPlainant Petition under Section 480 and 483 of BNSS praying- that in the circumstances stated in the Memorandu, oi'C-|.ounat ot Criminal Petition the High Court may^be oleased enlarqe the petitioner/A-i nerein on bail in connection with in Crime No 323 [i"zizi in""tite of bhanoor Police station' sanga Reddy' "" The petition coming on for hearing' upon perusing the lvlemorandum of Grounds of criminual Petitioin a;d u;;n i""iing the arguments of Sri M/S David Robarton Advocate for tn. p"iiionJr" anO ot t6e nOOitional Public Prosecutor for the Slate of Telangana on behalf of sole Respondent' The Court made the following:ORDER i I I ----.-_-. -, / THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETIT ON No.4O7l of202s I ORDER: This Criminal petition is filed under Sections 4g0 and 4g3 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (forshort .BNSS,) anticipatory bail to the petitioner/accused No.3 in crime No.323 0f 2024 on the file of p.S. Bhanoor, Sangareddy District, registered for the offences punishable under Sections g(C) r/w 20(bXiiXC) of Narcoric Drugs and psychotropic seeking substances Act, r9g5 (for short ,NDps Act,).

2. The case of the prosecution is that on23.10.2024, at 12:00 hours, accused No' r was proceeding to Maniyarpally vi,age of Kohir Mandar in his red colour Brezza car bearing No. MH 46 BA lTk6along with 50 Kgs. of ganja, at about 13:55 hours, when he reached at Kardanoor village cross roads' in the meanwhile the police stopped the vehicle and caught him with 25 dry ganja packets, which were fbund in his car dickey. The said 25 ganja packets were packed with brown colour. packets and on opening, it was found ganja weighing about 50 Kgs. On interrogation, accused No.l confessed that accused Nos.2 to 5 are _ . - .*,.:rr.r* " i.,f.'':..r-i 4..'1."t ' 2 involved in this offence. Basing on the same, a case was registered in Crime No.323 of 2024. J Heard Mr.B.Upender, learned counsel representing Mr'David Robertson, leamed counsel for the petitioner and Mr'Syed Yasar Mamoon,learnedAdditionalPublicProsecutorfortherespondent- State.

4.Learnedcounselforthepetitionersubmittedthatthepetitioner has not committed the offence and he was falsely implicated in the above crime. He further submitted that the police have not seized the contraband from the possession of the petitioner and the police, without properly conducting the investigation as required under the provisions of the NDPS Act, arrested the petitioner and seized the material. He further submitted that the petitioner was arrested on

16.11.2024 and since then he has been in judicial custody and the petitioner is not having criminal antecedents. He further submitted that material part of the investigation is completed and the petitioner shall abide by the conditions, which are going to be imposed by this Court, and he is ready to cooperative with the investigation' Hence, the petitioner nihyte enlarged on bail. i::i8:,.t..*:q/

5. Per contra,learned Additional Public prosecutor opposed the same. He submitted that the contraband i.e., ganj a, that was seized is 50 kgs., which is commercial quantity and the investigation is not yet completed. Hence, at this stage, the petitioner is not entitled for grant ofbail.

6. Having considered the rival submissions made by respective parties and after perusai of the material available on record, it reveals that the police seized 50 kgs. of ganja, which is commercial quantity. According to the leamed Additional public prosecutor, as on today, the investigation is not yet completed. At this stage, it is pertinent to note Section 37 of the NDPS Act, rvhich reads as under: ; -,1 "3 7. Offences to be cognizable and non-bailable. - (1) Notwithstanding anlthing contained in the Code of Cnminal Procedure, 1913 (2 of D7 \,--(a) everv offence punishable under this Act shall be cogaizable; (b) no person accused of an offence punishable for lfoffences under section 19 or section 24 or section 27A and also for offences involving commercial quantity] shall be released on bail or on his own bond unless-- (i) the Public Prosecutor has been given an opporhrnity to oppose the application for such release, and (ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for I 0 4 believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail' (2) The limitations on granting ofbail specified in clause (b) of sub-section (l) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any 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 commercial quantities be non-bailable, requiring reasonabie 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 mel- Therefore, the criminal petition lacks merit and the same is liable to be dismissed.

8. Accordingly, this Criminal Petition is dismissed. l' I Miscellaneous applications, pending if any, shall stand closed. SD/. MOHD.ISMAIL D PUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1 . Hon'ble Additional Judicial First Class Magistrate'Sanga Reddy' 2. The Station House Officer, BDL Bhanoor Police Station' Sanga Reddy District.

3. One CC to Sri David Robartson' Advocate [OPUC] 4. Two CCs to Additional Public Proseuctor' High Court of Telangana, HYderabad.

5. Two CD CoPies PSNR/PSL { -:--rr.&:'x:gl!ll HIGH COURT DATED:28103t2025 ORDER CRLP.No.4071 of 202i \ 1 7 SEP 2925 J.l.' -il' ;i' ,I 't-;;.,i,'1, t " ..,r'' _::.:., --.. -.'--' DISMISSING THE CRIMINAL PETITION \4l,D