The High Court · 2025

The State of Telangana, Rep by Public Prosecutor, High Court of Telangana, Hyderabad, through, (P.S. Humayun nagar, Hyd-) ... Res po n d enUCom p la ina nt Petition under Section 480 & 483 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the nioh court may be pleased to enlarge the petitioner/Accused No 1 on bail in the aO"ove Crime viz., Crime No. 398 OF 2024 lN SC NDPS No. 86 OF 2025 of PS. Hrrryrn Nagar, Hyderabad Police Station on the.file of the respondent, pending enquirY and trial' This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of sri K Venkateswar Rao, Advocate for the Petitioner and sri syed Yasar lvlamoon, Additional Public Prosecutor on behalf of the Respondent' The Court made the following: ORDER THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CITIMI NAL PETITION No.6665 of 2o25 ORDER: This Crinrinal petition is filed under Sections 4gO and 483 ol Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short .BNSS,) seeking baii ro the peti tioner/accused No. 1 in Crime No.39g ot 2024 on the file of the p. S. Humay.un Nagar, Asif Nagar Division, Hyderabad, regrstered for the offences punishable under Sections 8(c) read rvitlr 2 2(c), 2Z , 29 of the Narcotic Drugs and psychotropic Substances Acr, tgg5 (for short.NDpS ActJ. along wir h stall,

2. The case r[ the prosecution is that on 24.10.2024 at 9.OO P.M. on creclibl,: inlormation, S.i. Humayunnagar police Station panchas, clues team incharge apprehended accused No. 1 an,l seized 5O gms of MDMA, one Apple Iphone along with originar Sudan passport of Ar from his possession under cover of panchanama zrnd as per his confession involvement of accused Nos.2 to 12 came into light. Basing on the same, crime No.39g of 2024 was registered.

3. Heard Mr. K. Venkateshwar Rao, learned counsel for the petitioner and Mr . Syed yasar Mamoon, learned Additional public Prosecutor lbr t he responden t_State. 2

4. Learned counsel for the petitioner submitted that the petitioner has not committed the offence and he was falsely - implicated in the above said crime. The petitioner was arrested on 25.10.2024 and since then he was in judicial custody and the investigating officers filed chargesheet and the same was numbered as SC NDPS No.B6 of 2025. Hence, custody of the petitioner is no more required. He further submitted that the petitioner shall abide by the conditions, which are going to be imposed by this Court, and he is ready to cooperate with the invcstigation. Hence, the petitioner may be enlarged on bail.

5. Per contra, learned Additional Public Prosecutor submitted that thc petitioner and other accused have committed grave offence under the provisions of NDPS Act and the police seized the contraband i.e., 50 gms of MDMA, which is more than commercial quantity. He further submitted that the petitioner is involved in similar offence in Crime No.58 of 2023 and the petitioner is not entilled for grant ol bail.

6. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the police seized 5O gms of MDMA, which is commercial quantity and the petitioner is involved in similar ..-- offence in Crirne No.58 of 2023. AL this stage, it is pertinent to note Section 3'z of the NDPS Act, r.'vhich reads as under: "37. Jffences lo be cognizable and non bailable ( 1) N otlvithstanding anything contained in the Cocle of Criminal Procedure, 1973 (2 of 1974)'- (a) every offence punishable under this Act shall bc cogn iza ble: (b) n: person accused of an offence punishable for 1[offences under section 19 or section 24 or secti()n 27 A and also for offences involving comrnercial quantityl shall be released on bail or on his on'n bond unless-- (i) the Public Prosecutor has been given an opportunitl, to oppose the application for such releasc, and (ii) r,,here thc Public Prosecutor opposes the application, thc court is satisfied that there are reasonable grounds for believing that he is not guilt'r of such offence and that he is not likely to comrnit any offence while on bail. (2) Tl-re limitations on granting of bail specihed in claur;e (b) of sub section (1) are in addition to the limit rtions under lhc Code of Criminal Proccdure, 1973 (2 of 1974) or any other law for the time bcing in lorce on granting of bail." In vieu' !herco[, Section 37 of the NDPS Act mandates that

7. offences invc Iving commercial quantities be non-bailable, requiring reasonable grounds lo believe that the accused is not guilry and unlikely to commit lLrther offences while on bail. Since the alleSlalions leveled against the petitioner are serious in 4 nature, this Court is not inclined to grant bail to the petitioner. Therefore, the criminal petition lacks merit and the same is liable to bc dismissed. a Accordingly, this Criminal Petition is dismissed. Miscellaneous applications, pending if any, shall stand closed Sd/. S. MALLIKARJUNA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. Vl Additional Chief Judicial Magistrate, Nampally, Hyderabad 2. The Station House Officer, Humayun Nagar Police Station' Hyderabad 5. f*o CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT] +. One CC to Sri K Venkateswar Rao, Advocate IOPUC] 5. Two CD CoPies ABK/PSI,w HIGH COURT DATED: 1610612025 I ORDER CRLP.No.6665 ol 201?5 c-. o i 1g +* !)t:: \- ... .,,,17i :\. **r! (,_ r,\ .--;- DISMISSING OF THE CRIMINAL PETITION *'6^-Vn (B*