The High Court · 2025

The State of Telanoana Rep By lts public prosecutor High Court Telangana At Hyderabad. ..RespondenUDefact-corhplainant Petition under Section 4gO & 483 of BNSS praying that in the circumstances stated in the Memorandum of Grounds or F.tition, it. Ilgl^9gr.t may be preasedto Grant Regurar eaitioltne petitioner in the FrR No. 2012025 ' under sections 8(c),22(c), is Nops Act -1985. policeStation. pS Lange.r House, Hyderabad on the.fire sf rhe vt Roditionat chLi-luJi"irr Magistrate at Nampally, Hyderabad. against the petiiioner. 'crimin"at This Petition coming on. for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and -'upon hearing " the ' sri Mohd. Fasiuddin' Advocate for the petitioner and the sri yasar Mamoon, Additional Public Prosecutor on behalf of the Respondent. "rgrrunt The Court made the following: ORDER I I I I THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION NO . o, 36 of2O25 ORDER: This Criminal Petition is fi1ed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to' as 'BNSS) see king bail to the petitioner/ accused No- 1 rn Crime No'20 of 2025 of Langer House Police Station, Golconda Division' Hyderabad' registercd for the oflences under Sections 8(c), 22(c) and 29 of the Narcotic Drugs ancl Psychotropic Substances Act' 1985 (for short' 'N D l)S Ac t')

2. The brief facts of the case are that on O5'O2'2O25' at 05:45 hours, the Sub-lnspector of Police, Langer House, while conducting seize d 13O0 grams of palrolling, aPPrehended the petitioner and MDMA fiom his Possesston petitioner, whereunder the involvement of other accused is came into Iight. The policc rcgistered lhc crime and investigatcd into the matte r' and recorded the confession of the

3. Heard Mr. Mohd. Fasiuddin, learned counsel for the petitioner' and Mr. Syed Yasar Mamoon, Iearned Additional Public Prosecutor appcaring for the respondent - State- Learned counsel for the petitioner submitted that the petitioner 4. has not co12r*itted the offence and he was falsely implicated in the I I I I i i 2 above crime. Though the petilioner was arrested at Nalasopara East, Mumbai, the police stated that he was arrested at Hyderabad. Thc petitioner was arrested on O5.O2.2O25 and more than 126 days, he has been in judicial custody. The material part of the investigatio.r is completed except hling of the charge sheei. Thc police, without properly conducting the investigation, as required under the provisions of the NDPS Act, arrested the petitioner and seized the material. He further submitted that actually less than commercial quantity of contraband was seized from the petitioner, however, the police mcntioned in the complaint as well as remand diary that thev scized 13OO grams of MDMA, which is not true and correct. The petitioner is not having any criminal antecedents and he shall abide by the conditions, which are going to be imposed by this Court, and rcady to cooperative with the investigation. Hence, the petitioner may be enlarged on bail.

5. Per contra, learned Additional public prosecutor opposed thc same. He submitted that the poiice seized 1300 grams of MDMA, rvhich is commercial quantity. The investigation is under progress. At this stage, if the petitioner granted bail, he will interfere with the investigation and influence the witnesses. As per Section 37 (2) of Lhe. NDPS Act, the petitioner is not entitled for grant of bail. , i 1 I I I { -1 Ill/lllri l i 3

6. Having considered the rival submissions made by respective parties ancl after perusal of the material available on record, it reveals that the police seized 1300 grams of MDMA, which is commercial quantity. According to the learned Additional Public Prosecutor, as on today, the investigation is not yet completed and charge sheet has not been fi1ed. At this stage, it is pertincnt to note Section 37 of the NDPS Act, which reads as under: ( t Offences to be cognizable and non-bailable. (1) Notwithstanding anything contained in the Code of Criminal Procedurc, 1973 (2 of 19741,- (a) (b) every offence punishable under this Act shall be cognizable; no person accused of an offence punishable for 1[offences under section 19 or section 24 or section 27A and also for offences involving corlmercial quantity] shall be released on bail or on his ou'u bond unless-- (i) the Public l)rosecutor has been given an opportunity to oppose the applicatior for such release, and (,i) u,here thc Public Prosecutor oplloses the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. (21 'lhe limitations on granting of bail specificd in clause (b) of sub section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 ol 1974) or any other lau, for the time being in force on grantine of bail." \ \ 4

7. In view thereot Section 37 of the NDpS Act mandates that offences involving commercial quantities be non_bailable, requiring reasonable grounds to believe the accused is not guiity and unlikely to commit furthcr offenccs while on ba . Henge, since the allegations levelled against the petitioner are serious in nature, this court is not satisfied that conditions for granting bail under Section 37 are mct. Therefore, the criminal petition lacks mcrit and the same is liable to be dismissed.

8. Accordingly, this Criminal petition is dismissed Miscellaneous applications, pending if any, shall stand closed { To, //TRUE COPYII Sd/- M. NAGAMANI ASSISTANT REGI TRAR SECTI o FICER

1. The Vl Additional Chief Judicial Mag.istrate at Nampaily, Hyderabad. 2 The station H ouse office r, ra n g"iE-o;s-.-p;|i"J's'i"tion, Hyderabad. tlyf"."rnl",thePubricproseiuioi,H,fi ililii;h?si;i"G-i;[1!,n,,t 1 9nu CC to Sri M6hd Fasiuddin, Advocate tOpUCl 5. Two CD Copies. NVB/gh =:c::==-l I HIGH COURT DATED: 1 110612025 ORDER CRLP.No.6736 of 2025 Ro 1 i' i-- S :-,4 L. l.'. 11 sEP 2025 /:) ) i i .- , ,'.,' './ THIS CRIMINAL PETITION IS DISMISSED g / /5- // i .l t