The High Court · 2025

High Court may be pleased to enlarge the petitioner petitioner/Accused no.1 on bail, pending trial, enquiry in Crime No.76 of 2024 of Exercise Ameerpet Police Station, Hyderabad Police Commissionerate and pass This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Kadeka Sai Priya, Advocate for the Petitioner and of Mr. Syed Yasar Mamoon, learned Addl. Public Prosecutor on behalf of the Respondent. The Court made the following: ORDER TIrE HON'BLE SRT JUSTICE J.s RAO CRIM INAL PETI TTON Ilr o.4137 of 20.25 ORDER: This criminal petition is filed by the petitioner/A I under Sections 4gO and 4g3 of Bharatiya Nagnk Suraksha Sarrhita (BNSS) to grant regular bail to him in Crime No.76 of 2024 on the fiIe of prohibition and Excise Station, Ameerpet, Hyderabad, registered for the offence punishable r:nder section g(c) read with Section 21(cl of the Narcotic Drugs And Psychotropic Substances Act, 1985 (for short, "the NDPS Act").

2. The case of the prosecution is that on 1a.1O.2O24 at about 01.30 p.m., beside Daddu Ka Biryani Hotel, Road No.11, Banjara Hills, Hyderabad, accused Nos.l to 3 were found in possession of 21.66 grams of MDMA.

3. Heard Ms. K. Saipriya, learned counsel for the petitioner, arrd sri Syed yasar Mamoon, learned Additional Public Prosecutor for the respondent. 2

4. l,earned counsel for the petitioner submits that the petitioner has not committed any offence ald he was falsely implicated in the present crime. He further submits t]lat the contraband was seized from the other accused and basing on the confession statement grven by ttrem, the petitioner was implicated in the present crime and there are no specific allegations against him. He further submits that the petitioner met with an accident and is sulfering with leg fracture and the police are not taking proper care of him and that the petitioner is not having any criminal antecedents. The petitioner was arrested on 18.10.2O24 and material part of investigation was already completed and that the petitioner is ready and willing to cooperate with the investigation and also abide by the conditions that are going to be imposed by this Court.

5. Per contra, learned Additional Public Prosecutor submits that the petitioner is involved in grave offence and the contraband seized from him and other accused is 21.66 grams of MDMA, which is a commercial quantity, and investigation is under progress. He further submits that l I ! I i l i i I I ! I I I I I I I I t t I i i ! i i I I I t i I I 7 3 the police will provide better medical treatment basing on the request made by the petitioner. He further submits that the petitioner approached this Court and filed Cr1.P.No.2975 of 2025 on the very same grounds and the same was dismissed on t2.O3.2O25 and there are no changed circumstances and that the other accused were also arrested. At this stage, the petitioner is not entitled for grant of bail.

6. Having considered tJle rival submissions made by both the parties and after perusal of the material available on record, it reveals that the police seized 21'66 grams of MDMA from ttre petitioner and other accused, which is a commercial quantitY.

7. It is relevant to mention Section 37 of the NDPS Act, which reads as under: "37. Offences to be cognizable and non- (1) Notwithstanding anything bailable. - contained in the Code of Criminal Procedure, 1973 (2 of 1974],,-- (a) every offence punishable under this Act shall be cognizable; 4 (b) no person accused of an offence punishable for I [o{fences under section 19 or section 24 or section 27A and also for offences involving commercial quantityl shall be released on bail or on his own bond unless-- (i) the Public Prosecutor has been given an opportunity to oppose tl.e application for such release, and (ii) where the Public Prosecutor opposes ttre application, t]le court is satisfied that there are reasonable grounds for believrng 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 of bail specifred 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 tirne being in force on grantrng of bail."

8. In view ttrereof, 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 5 satisfred that conditions for granting bail under Section 37 are met.

9. The record furtJrer reveals that the petitioner has already filed bail application vide Crl.p.No.29ZS of 2O2S and the sarne was dismissed on 12.O3.2O2 S and the present criminal petition is filed on the very same grounds. This Court does not find arry new ground to grant bail to the petitioner at this juncture especially when the investigation is under progress. Therefore, the criminal petition lacks merit and the same is accordingly dismissed. Pending miscellaneous applications, if any, shall stand closed. SD/- MOHD.ISMAIL DEPUTY REGISTRAR /,TRUE COPY// SECTION OFFICER To

1. The lll Addl Chief Metropolitan Magistrate, Nampally at Hyderabad. 2. The Station House Officer, Prohibition and Excise Police Station , Ameerpet, Hyderabad.

3. One CC to Sri Kadeka Sai Priya, Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad

5. Two CD copies. BJLB/psl I I r i ! i l i i , : ! I I I I I I I I t I : ' i I l t t I I HIGH COURT DATED:28/03/2025 EH1 3o( I€'14 eJ o o o ,+ a 2l ,lutt P5 ORDER CRLP.No.4137 ol 2025 CRIMINAL PETITION IS DISMISSED 6lL lad