The High Court · 2025

This Petition coming on for hearing, upon perusing the Memorandum.of Grounds of Criminal PetitiJn and upon heiring the arguments of Sri Dr CllAL.lA SR|NIVASA REDDY ,nOvocate toi tfre petltioner and Sri V.Jithender Rao,the Adoitionat Public Prosecutor (TG) on behalf of the Sole Respondent' The Court made the following: ORDER THE HON'BLE SRI JUSTICE NARSING RAO NAIYDIKONDA ORDER: CRIMI NAL PETITION IlIo .6611o F 2o25 This crimi;rar petition is rrled under sectic,ns .1g0 and 4g3 of the Bharatiya Nagarik suraksha sanhitha, 2023 (rbr short tsNSSJ seeking 1o release the petitioners/accused Nos. 1 and 2 on bail in Crime. No.96 of 2O2S on the file of thr: Statiore House Officer, Mills Cokrny police Station, Waralgal, registererl for the offence punisheLl:le under Section g(C) read witl-L Section 2,(bxiixc) of the Narcotic Drugs a,,d psychotropic Substances Act, 1985 (for sh,rrt .NDpS Act).

2. The case o I the prosecution is that on I{j .O2 .lZO:,2 S, the complainant/ S.I. rf police lodged a complaint statinlt Lhat as per the instruction s of his superior ofhcers, when he along with his police staff v,t:re conducting patrolling duty at \[/a rangal Railway Station, llhiva Nagar Gate, they found one male and female person unc er suspicious circumstances (:arrvrllg naly blue colour bags ar.d one white colour plastic bag zrnd on :;eeing the Police they tried to flee awav. apprehended anc upon enquiry, petitioner/accuserl No.1 disclosed his ridentity and stated that they are carrvr rr5l "dry ganja" Both are u'ife and husband and in order tc, earrl rroney Immediately, they were 2 NNR,J Crlp 6611 2025 easily, they decided to do ganja business. As per their plan, they purchased 24 kgs of dry ganja from accused No.3 to sell the same in Surat, Gujarat State. On 12.02.2025, they boarded in Konark Express train without ticket to go to Bhuwaneshwar and from there to Surat in local train. It is stated that when they reached Warangal, the Police apprehended them and seized 24 kgs of dry Galja and mobile phones from the possession of the petitioners/accused Nos. 1 and 2, under the cover of panchanama in the presence of mediators. Hence, the complaint.

3. Heard Dr.Challa Srinivas Reddy, learned counsel for the petitioners/ accused Nos.1 and 2 and learned Additional Public Prosecutor for the respondent/complainant. Perused the record.

4. Learned counsel for the . petitioners are innocent, they were falsely implicated in the petitioners submits that the case; that there is no incriminating evidence to presume that they have committed the alleged offence. The ganja seized from the possession of petitioner/ accused No.l is 18 Kgs and 6 kgs from petitioner/accused No.2. Both the petitioners are wife and husband and they are having two school going children, who 3 NNR,J Crlp 661I-2025 are now in the custody of their relatives. It is furth.er submitted that the dry ganj a seized from the petitioners is not a commercial gtrantity and that the investigat.ion is :ompleted. Therefore, the. petitioners are ready to abide by arly conditions imposed by rhis Court. Hence, learned counserl pra1,s this Court to release the petitioners on bail.

5. Learned -\dditional Public Prosecutor strongll' r>pposed to grant baii to tlLe petitioners ald contended that thr: cetitioners were in posr;r:ssion of 24 kgs of dry ganja, which is a commercia-l cnrantity and the petitioners are re,;idents of Gujarat, who r:ame to Warangal with an intention ro sell the said ganja at huge rates by illegal means. Hence. prays to dismiss the Criminal Petition.

6. Having ccnsidered the rival submissions made by learned counsel for rt:l;pective parties and the material ravi lable on record, it is rr:',,ealed that petitioner Nos.l and 2 arr: the wife and husbald and they are residents of Gujarat Statt: and that the petitioners T accused Nos. 1 and 2 were in possess;io n of 24 kgs of dry gal-r:t, which is a commercial quantity. Section 37 of the NDPS Ac., creates bar for grant of bajl whenever the recovery is corrmercial in nqfi:-- and also under Section 27_A t I FE,t& !-1,: ti:.I lr':: 4 NNR,J Crlp 6611 2025 of the NDPS Act arld the petitioners have not made out any grounds to grant bail to the petitioners/accused Nos.1 and 2. Hence, this Court is not inclined to grant bail to the petitioners/ accused Nos.1 and 2.

7. Accordingly, the Criminal Petition is dismissed. Miscellaneous applications, pending if any, shall stand closed. To, Sd/- T. TIRUMALA DEVI DEPUW REGISTRAR //TRUE COPY// SECTION OFFICER

1. The lV Additional Judicial First Class Magiatrate At Hanamkonda' i. fn" Strtion House Officer,Mills Colony Police Station, Warangal District 5. o.; cc to snt Dr CHALLA sRlNlvASA REDDY, Advocate [oPUC] +. f*o CCs to Public Prosecutor, High Court for the State of Telangana at HyderabadlOUTl. 5. Two CD Copies. AR /PSL ry- HIGH COURT DATED:21l0512025 ORDER CRLP.No.6611 of 2025 15 7- =:r:>\:\ ,i, .:;1t l c t-l tt \\!\ ,; l' i' * DE'. \:-::.__::, : 1 .i' \...\ 7.; (,, )> r.s,,,/ / ," DISMISSING THI= CRL.P. A- { "L-t