The High Court · 2025

...RespondenUComplainant Petition under Section 480 & 483 of BNSS prayrng that in the circumstances stated in the Memorandurm of Grounds of criminal petition, the High court may be pleased to release the Petitioner/Accused No.3 herein on bail in Crime No 79 of 2025, P.S Chaitanyapuri, Ranga Reddy District, for the offence U/s B(c) rlw 21(c),29 of the NDPS Act This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri T RAHUL ,Advocate for the Petitioner and Sri Syed Yasar Mamoon, Additional public Prosecutor (TG) on behalf ofthe Respondqnt. The Court made the following: ORDER THE HONONOURABLE SRT JUSTICE J. SREENIVAS RAO CRIMINAL PETITT0N No. 46EE of2025 ORDER: This Criminal Petition is filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhidha, 2023 (for short 'BNSS') seeking bail to the petitioner/accused No'3 in Crime No'79 of 2025 on the file of the P.S. Chaitanyapuri, Rachakonda, registered for the offences punishabte under Sections 8(c) r/w 2l(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act')'

2. The case of the Prosecutton is that on 24.01.2025, Petitioner along with other accused was found in possession of 37 5 grams of MDMA. Basing on the same a c4se was registered in Crime No'79 of

2025. 3 . Heard Mr.T.Rahul, leamed counsel for the petitioner and Mr.Syed Yasar Mamoon, leamed Additional Public Prosecutor tbr the respondent-State

4.Learnedcounselforthepetitionersubmittedthatthepetittoner has not committed the offence and he was falsely impticated in the 2 I above crilne and the police have not seized the contraband from the possessiorr of the petitioner. He further submirted that the police without lbllowing the mandatory procedure prescribed under Sections 50 and 52 of the NDpS Act, seized rhe contraband. He further submitted that the petitioner was arrested on 24.01.2025 and, since then he has been in judiciat custody. He further submitted that the petitioner completed his post Graduation in USA and came to Inciia to loo k after his lather, who is suffering fronr health problems. He further submitted rhat accused No.4 in tht, said crime has approached this Court and flleci Crl.p.No.3670 ,t1.2025 and this Court has gr;rnted bail in tris lavour.and petitioner is also entitled for grant of bail and the investigation in the case rs cornpleted, except filing of the charge sheet. Ile further submitted that the petitioner shall abide b1 the conditions, which are going to be irnposed by this court' and he is ready to cooperative with the invesrigation. Hence, the petitioner rnay be en larged on bail. 5. Per coritra, leamed Additional public proser;utor submitted that the contraband was seized llom the possession ot.the petitioner and the eoftraband i.e., MDMA, that was seized is 37.5 grarns, 3 which is commercial quantity and the petitioner is not entitled to seek bail based on the bail order granted in favor ofAccused No' 4' as contraband was seized from the possession of the petitioner and the investigation is under progress' Hence, at this stage' the petitioner is not entitted for grant of bail'

6. Having considered the rival submissions made by the respective parties and after perupal of the material available on record, it reveals that the police seized 37'5 grams of MDMA' which is commercial quantity. According to the leamed Additional Pubtic prosecutor, as on today, the investigation is not yet completed' At this stage, it is pertinent to note Section 37 of the NDPS Act' which reads as under: "3 7. Ofl'ences to be cognizable and non-bailable - (l) Notwithstanding any'thlng contained in the Code of Criminal Procedure, 1973 (2 of 197$,'-(a) every offence punishable undcr this Act shall be cognizable; (b) no person accused pf an offence punishable for I [offences under section 19 or section 24 or section 27A and also for offences invo[ving commercial quantity] shall be released on bail or on his own bond unless-- (i) the Public Prosecutor has been given an opportunity to oppose the aPP tication for 5uch release, and , - \ ) 4 'ii) rvhere the public prosecutor opposes the application, the rxrurt is satisfied that there are reasonable grounds for lrelieving that he is not guilty of such oll.encc and that he is r,ot likely to commit any offence while on bail (2) The limitations on granting ofbail specifie,t in clause (b) of sub_section (l) are in addition to the limitatrons under the Code of Criminal procedure, 1973 (2 of 1974t orany other law for the time bcing in force on granting oi b. ril.,,

7. In vi,:w thereoll Section 37 of the NDpS {ct mandates that offences involving cotnnlercial quantities be non_l.lailable, requiring reasonable p,rounds to believe the accused is not guilty and unlikely to commit fu rther offences while on bail. I{ence, since the allegations levelled against the petitioner arc serious in nature. this court is not satisfied that conditions for granting bail under Section 37 are met. Therefore, th,: criminal petition lacks merit and the same is liable to be dismissed. 6 Accordingly, this Criminal petition is dismissed. -lVliscellaneous applications, pending ifany, shall stand closed. //TRUE COPYII To, SD/- L. VIJAYA LAXilIf' ASSISTANT REGISTRAR 'i ( it,s\r,krxot: SECTION OFFICER ( Iu I Rachakonda. 1 . The lV Addl. Met-oootitan Magistrate cum lV AJCJ at L.B. Nagar, ? It. S_tation House Officer, Chaitanyapuri police Statron, Fachakonda 3. One CC to SRI T RAHUL.'Advocar; rhpi t'd -- -'" 4 Two ccs to the F'ubric piosecutoi- Hig-h dJ..lrt ror the stahr of rerangana at 5. Two CD Coiies Hyderabad IOUTI Y*- HIGH COURT DATED: 09n4t20?s ORDER CRLP.No.4688 of 20ZS I /4:;O\' ""'t I i'' i,-i' c a-) ". r6 (t t\ 2 5 AUS 2025 ., //<../ --7 DISMISSING THE CRIMTNAL PETITION (e,5 3 COQ \4-\( .(-da6