The High Court · 2025

High Court may be pleased to enlarge Petitioner/ Accused No 4 on regular bail in Cr.No.32lof2024ofPSNarsampetonthefileoftheCourtoftheSpecial sessions Judge for Narcotic Drugs and Psychotropic substances Act, 1985 Cases - Cum - IAdditional Sessions Judge, at Warangal on any condition and any other order which the court may deem fit and proper in the facts and circumstances of the case may be also passed in favor of the Petitioner/ Accused No. 4 in the interest of justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of Ms. R. Swomya Reddy, learned counsel representing Sri K Chandra Sekhar Reddy, learned counsel for the Petitioner and of Sri syed Yasar Mamoon, learned Addl. Public ProsecutoronbehalfoftheRespondentNo.landnoneappearsforRespondent N o.2. The Court made the following: ORbER THE HONONOURABLE SRI JUSTICE J. SREENTVAS RAO CRIMINAL PETITION No.3876 of 2o25 ORDER: This Criminal Petition is hled by the petitioner/A4 under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short BNSS') to enlarge him on bail in Crime No.32 1 of 2024 on the file of Narsampei poli"" Station, Warangal District, registered for the offences punishable under Section B(c) r/w Section 20(b)(ii)(C) of Narcotic Drugs and psychotropic Substances Act, 1985 (for short'NDPS Act').

2. The case of the prosecution is that on O3.O8.2O24 at lZ:3O hours, the Sub-Inspector of Police, Narsampet, reported that during a vehicle check at Kamalapur Cross Road, two cars, a Zest and an Ertiga were stopped and upon inspection, 12g packets of dry ganja weighing 250.900 Kgs were seized. The drivers, petitioner ald Accused No.2 fled the scene of offence, while Accused No.1 was apprehended. Thereafter, a case in Crime No.32 1, of 2024 was registered for the above said offences.

3. Heard Ms. R. Swomya Reddy, learned counsel representing Mr. K. Chardra Sekhar Reddy, learned counsel for the petitioner -"1 \ 2 and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent.

4. Learned counsel for the petitioner submits that the petitioner has not committed the offence ald he was falsely implicated in the present crime. He further submits that the contraband, namely, 25O.9OO Kgs of dry Ganja was seized from Accused Nos.1 and 2 only and entire investigation was completed. He further sub"mits that this Court granted bail in favour of A2 and the petitioner was arrested on 28 '12 '2024 and since then he is in judijal custody and he is ready and willing to cooperate \Mith the investigation and also abide by the conditions, which are going to be imposed by this Court'

5. Per contra, learned Additional Public Prosecutor submits that the petitioner has committed grave offence and the contraband seized by the police is 250.900 Kgs of dry Ganja, which is commercial quantity, ald that investigation is under progress. Therefore, at this stage, the petitioner is not entitled for grant of bail.

6. Having considered the rival submissions made by the respective parties ald after perusal of the material available on 3 record, it reveals that the contraband seized by the police IS

250.900 Kgs of dry Ganja, which is commercia.l quantity. At the time of seizure, the petitioner and Accused Nos.3 and 5 were escaped from the scene of offence and Accused Nos. 1 and 2 were taken into custody by the police. Even according to the learned Additional Public Prosecutor, the investigation is under progress. 7 - It is relevant to mention Section 37 of the NDPS Act, which reads as under \ "37. Offences to bi cognizable and non-bailable. -- (1) Notwithstanding anlthing contained in the Code of Criminal Procedure, 197312 of 1974),-- (a) every offence punishable under this Act shall be cognrzable; (b) no person accused of an offence punishable for l[offences under section 19 or section 24 or sectton 2TA and also for offences involving commercial quantity] sha1l be reieased on bail or on his own bond unless-- (i) the Public Prosecutor has been given arr opportunity to oppose the application for such release, and (ii) where the Public Prosecutor opposes t1:e application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence ald that he is not likely to commit ary offen'ce while on bail (2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations I under the Code of Criminal Procedure, 1,973 (2 of 197 4l or aly other law for the time being in forcc on gra;rting of bail."

8. In view 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 gu ilty 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. Therefore, the criminal petition lacks merit and the same iS'accordingly dismissed. Miscellaneous applications, pending if any, shall stand closed. To //TRUE COPY// SD/- MOHD. ISMAIL DE PUTY REGISTRAR SECTION OFFICER

1. The Principal Judicial First Class Magistrate at Narsampet' i. fn. St"iion House Officer, NarsampeiPolice Station, Warangal District i. On. CC to Sri K. Chandra Sekhar Reddy' Advocaie [OPUC] ;. i;; ccs to puBLtC pnosrcuron, High court for the srate of Telansana at Hyderabad [OUT]

5. Two CD copies. BJLB/gh (*' t.l'.k- HIGH COURT DATED:25l03/2025 ORDER CRLP.No.3876 ol 2O25 CRIMINAL PETITION IS DISMISSED ,{oD&* .1.^ : '..( i, ) ' ,at. * 29 JlJt zffi C) -t' + JA SnAr C\l 9O