High Court · 2025

The State of Telangana,, Through S H O, P.S. Hayathnagar, Rep by its Public Prosecutor, High Court at Hyderabad. ...RESPONDENT/COMPLAINANT Petition under Section 480&483 of Cr. P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to release the Petitioner/Accused No. t herern on bail in Crime no. 6112025 of P.S Hayathnagar, Rangareddy District, for the offences Punishable U/s B (C), R/w 20 (b) (ri) (C) and Sec 29 of NDPS ACT '1985 This Petition coming on for hearing, upon perusing the l\4emorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Pothamshetti Manoj Kumar, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent. The Court made the following: ORDER THE HONOURABLE SI{I JUSTICE J. SREENIVAS RAO CRIMI NAL PE'tITION No.4789 of 2025 ORDER: This Criminal petition is filed under Sections.lg0 and 4g3 ol. Bharatiya Nagarik Suraksha Sanhitha, 2023 (forshort .BNSS,) bail to the petitioncr/accused No.1 in c'ime No.6l o1 2025 0n the fire of the P.S. I{ayathnagar, Rachakonda, registered iirr the orfences punishable under Sections g(C) r/w 20(bxiiXC) and 29 of the Narcotic Drugs ancl psvchotlopic Substances Act, r 9g5 (Arnenclrner.rt Act, 200 r) seeking (fbr shorl 'NDpS Act,).

2. The case of the prosecution is that on 12.01.2025, on rcceipt of c.cdibre i,fb.nation that ganja is bci,g tra.sported iregary in l,nova Cal bearing registration No.Ap 09 BM 5959, the seizing offrcer went neat to Sri Mallikar.luna Swamy SSR Constructions and found that the accused are in possession of 2g.7g kgs of ganja and seizcd the same. Basing on the same a case was registered in Crirne No.6l ot2025.

3. Ileard N4r.p.Manoj Kumar, Iearned counsel for the petitioner and Mr.Syed Yasar Mamoon, leamed Additional public Pr.osecutor fbr. the respondent-state 2 4,Learnedcounselforthepetitionersubmittedthatthepetitioner has not committed the offence and he rvas falsely implicated in the above said crime. He further submitted that Police have seized the contraband from the possession of othef accused' He furlher submitted that the petitioner was arrested on 12'01'2025 and since then was in judicial custody and the entire investigation is completed, except filing of the cl.rarge shcet i-Ie furlher submitted that simitar allegations are levelled against accused Nos'2 and 3 in the said crime, as they were against petitioner/accused No' i and they approached this Court and fited Crl P'No'3735 of 2025 and this Court granted bail to them on 2l '03 '2025 and the petitioner is also entitled for grant of bail. He further subrnitted that the petitioner shall abide by the conditions, which are going to be irnposed by this Coutt' and he is ready to cooperative with thc invcstigation Hence' the petitioner may be enlarged on bail'

5. Per contra,learned Additional Public Prosecutor opposed tl.re satne. He submitted that the contraband i'e., ganja, that was seized is 28.78 kgs, which is commercial quantity and the petitioner is I I I i \ 3 involved in sirnilar offence and the investigation is rrnder progress, hence, at this stage, the petitioner is not entitled for rrr.nt oi.baii.

6. Havinq considercd the rival submissions n.rade by the respective parties and after pen-rsal of the material available on lecord, it reveals that the police seized 2g.7g kgs ol.ganja, which is courmercial quantity. According to the leamed Additional p,blic Prosecutor, as per the instructions of the Sub_Inspector of police, Havathnagar. petitioner is involved in similar olt.ence in Crime No.77 of 2024 on the file of Manuguru police Station and the investigation is not yet cornpleted. At this stage, it is perlinent to note Seclion 37 of the NDpS Act, which reads as under: "37. Ol'I'enoes to bc cognizable and non_bailable. (l) Notrvr thsLanding any.thing contained in the Codc of. Clinrinal l,rocetlurc, 1973 (2 ol- 191il,_1a) ever.r olfence punishable under this Act shall be cognizable; (b) no pcrson accLrsed of an offence punishable for l[ofl'enccs under sccrion 19 or seclion 24 or section 27A and also lbr offences involving commercial quanrity] shall be rcleasecl on bail or on his own bond unless__ (i) the l,ublic prosccutor has been given an oppor.tunity to oppose the application for such release, and (ii) rvhcrc the Public pr.osecutor opposes the application, thc court is satislled thaL there are reasonablc ttrounds lor I I 4 believing thal he is not guilty of such oflence and that he is not tikely to commit any olfence while on bail' (2) Thc limitations on granting ofbail specified in clause (b) of sub-scction ( l) are in addition to tlre lin, itations under thc Code of Criminal Procedure, 1973 (2 of 1974) or any other law for thc time being in forcc on granting olbail "

1. In view thereof, Section 37 of the NDPS Act mandates that offences involving commercial quantities be non-bailable' requiring reasonable grounds to believe the accused is not guilty and unlikely to cornmit further offences while on bail' I{ence' since the allegations levellcd against the petitioner are serious in nature' this Court is not satisfied that conditions for granting bail urrder Section J7 arc met' Therefore, the criminal petition lacks merit and the same is tiable to be dismissed. 8 Accordingty, this Crirninal Petition is dismissed Miscellaneous applications, pending if any, shall stand closed //rRUE copy// DEsPrj#Hi.#lh gi;U.gi$*.s*erf*1n+*X,,'e-*,1:',':;];#* jJ SECTIOI(OFFICER ,Io""YJot l"r!tT,t Prosecutor, H'gi' Co"ri'ror the state or Terangana at Two CD Coiies To, 1 2 4 5 6 7 _ks l--- 'I ].. .3y' rxr-:w: :*l.-BF:iF,ffi.rp.,-',=r.,-^* ry -ffiGi*Sffire iH: S to-i ( )\- ( L'A. o ) ,l '+ 2I JUt flm ($( .(._,. '.:---::..:-:. -.,,, .. '," . t. HIGH COURT JSRJ DATED:1 110412025 ORDER CRLP.No.4789 of 2025 DISMISSING THE CRL.P /o /5 /