The High Court · 2025

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Mr. Gudi Madhusudhan Reddy, Advocate for the Petitioner and Mr. Syed Yasar Mamoon learned Additional Public Prosecutor on behalf of the Sole Respondent. The Court made the following: ORDER THE HONOURABLE SRI JUSTICE J. SR-EENTVAS RAO CRIMINAL PETITION N o.4845 of2025 ORDER: This Criminal petition is fited under Sections 4g0 and 4g3 ol Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short .BNSS') secking bail to the petitioner/accused No.2 in crime No. 159 of 2024on rhe flle of the P.S. Wankidi, registered for the offences punishable under Sections 8(c) read wirh 20(bxii)(c) of the Narcoric Drugs ancl Psychotropic Substances Act, 1985 (fbr short .NDPS Act,).

2. The case of the prosecution in brief is rhat on 3 I . l0 2024, cluring the Maharashtra Assembry erections, white the porice were conducting vehicle checks at the interstate checkpoint at wankidi, at around 04:00 P.M., a container lorry No.MpO6HCl339 was approaching fr.om Asifabad towards Maharashtra. Upon stopping and inspecring the lorry, it was found to have four compartments and out of which. three compartments were empty, and one compaftment containecl white plastic bags and brown packets. Upon questioning the driver about the contents of these packets, he revealed that they contained Ganja (marijuarra). The Police intercepred the petitioner and seized the ganja. II 2 Basing on the same, the aforesaid Crime was registered against the petitioner/accused No.2 and others for the af,oresaid offences.

3. Heard Mr.G.Madhusudhan Reddy, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, learned Additional public Prosecutor tbr the respondent-State

4. Leamed counsel for the petitioner submitted that the petitioner has not committed the offence and basing on the confession statement of accused No. I only, petitioner was falsely implicated in the above crime and the police have not seized the contraband from the possession of the petitioner. He further submitted that the petitioner was arrested on 31.01.2025 and since then he is in judicial custody and the entire investigation is completed, except filing of the charge sheet. He further submitted that the petitioner will abide by the conditions, which are going to be imposed by this Court, and he is 'ready to cooperate with the investigation. Hence, the petitioner may be enlarged on bail

5. Per contra, leamed Additional Public Prosecutor submitted that the petitioner has committed grave offence under Section 8(c) -.1 3 read with 20(bXiiXC) and 29 ol NDPS Act. He submitted thar the contraband i.e., ganja was seized is 281 .7 Kgs., which is commercial quantity and the investigation is under progress, hence, the petitioner is not entitled for grant ofbail at this stage

6. Ilaving considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the Police seized the contraband i.e., 28 t.7 kgs of ganja, which is commercial quantity. According to the learned Additional Public Prosecutor, the investigation is not yet complL.red. At this stage, it is pertinent to note Section 37 of the NDpS Act, which reads as under: "37. Offences to be cognizable and non-bailable. (l) Notwithstanding anything contained in the Codc ol Crirninal Procedure, 1973 (2 of 197 4),-(a) every off'encc punishablc undcr this Act shall bc cognizablel (b) no pcrson accused of an offence punishable for l[offences under section l9 or section 24 or section 27A and also for oflences involving commercial quantity] shall bc released on bail or on his own bond unless-- (i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and (ii) where the Public Prosecutor opposcs the application, the court is satisfied that there are reasonable grounds for I - belicving that he is not guilty of such offencc and thal he is not likely to commit any offence while on bail. (2) The lirnitations on granting ofbail specificd in clausc (b) of sub-section (l ) are in addition to the limitations under thc Code of Crirninal Proccdure, 1973 (2 of 1914) or any othcr law for the tirne beir.rg in firrce on granting ofbail."

7. [n view thereof, Section 37 of the NDPS Act mandates that olfences involving commercial quantities be non-bailabte, requiring reasonable 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 undcr Section 37 are met. Therefore, the criminal petition lacks merit and the same is liable to be dismissed.

8. Accordingly, this Criminal Petition is disrnissed Miscellaneous applications, pending if qny, shall stand closed SD/- M.OSMAN AL] BAIG A SISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The Additional judicial Magistrate of First Class at Asifabad. 2. The Station House Officer, Wankidi Police Station, Kumrambheem Asifabad District.

3. One CC to Mr. Gudi Madhusudhan Reddy, Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT]

5. Two CD Copies SwUPSL -_::---j HIGH COURT DATED: 1610412025 ORDER CRLP.No.4845 of 2025 -..----.-.., , .- . '' :. ,l ri,: ?il15 t:\. I ,. t.i:. ,,i,i '-il 'l ri CRIMINAL PETITION IS DISMISSED b ?e