The High Court · 2025

Petition under Section 480 & 483 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to. a) Enlarge the Petitioners/ Accused 44 to A7 on regular bail in Cr. No. 17112025, P.S. Begumpet, Hyderabad, for the offences under Sections 8(c), 20(b)(ii)(C), and 29 of the NDPS Act, 1985, pending investigation/ trial This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri PORIKA VIKAS RAJ, Advocate ior the Petitioner and the SRI SYED YASAR MAMOON, ADDITIONAL PUBLIC PROSECUTOR on behalf of the Sole Respondent The Court made the following: ORDER 7 I t I I I THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CIRIMINAL PETITION No. 7171 of 2025 ORDER: This Criminal Petition is frled under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS') seeking bail to the petitioners/accused Nos.4 to 7 in Crime No.171 of 2025 on the file of the P.S.Begumpet, Hyderabad, registered lor the offences punishable under Sections 8(c) r/w 20(bxii)(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for sho('NDPS Act')

2. The case of the prosecution is that on 30.04.2025, near auto stand, Begumpet Railway Station, I{yderabad, accused Nos.4 to 7 were found in possession of 81.15 kgs. of ganja. Basing on the same, Crime No. 171 of 2025 was registered

3. Heard Mr.P.Vikasraj, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, leamed Additional Public Prosecutor for the respondent-State

4. Learned counsel for the petitioners submitted that the petitioners have irot committed the offence and they were falsely 2 implicated in the above said crime. He further submitted that the no specific allegations were levelled against the petitioners to attract the ingredients under the provisions of the NDPS Act. He further submitted that the petitioners were arested on30.04.2025 and since more than 55 days, they were in judicial custody and material part of the investigation is completed and they were not having any other criminal antecedents. He further submitted that the petitioners shall abide by the conditions, which are going to be imposed by this Court, and they were ready to cooperative with the investigation. Hence, the petitioners may be enlarged on bail.

5. Per contra, leamed Additional Public Prosecutor opposed the same. He submitted that the contraband i.e., ganja, that was seized is 8 t .15 kgs, which is commercial quantity and the investigation is under progress, hence, at this stage, the petitioners are not entitled for grant ofbail.

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 81.15 kgs ofganja, which is commercial quantity. Even according to the leamed Ad-di.tional i I I I I I I 3 Public Prosecutor, the investigation is not yet completed. At this stage, it is perlinent to note Section 37 of the NDPS Act, which reads as under "37. Offcnces to be cognizable and non-bailablc. (1) Notwithstanding anlhing contained in the Code of Crinrinal Procedure, 1973 (2 of 1974),--(a) everv offcnce punishable under this Act shall be cognizable; (b) no person accused of an offence punishable for 1[offenccs under section 19 or section 24 or section 27A and also for offences involving commercial quantity] shall be releascd on bail or on his own bond ur.rlcss-- (i) the Public Prosecutor has been given an oppofiunity to oppose the application for such release, and (ii) rvhere the Public Prosecutor opposcs the application. the court is satisfied that there are reasonable grounds for believing that he is not guilty olsuch offence and that he is not likely to commit any offence while on bail. (2) The limitations on granting ofbail spocihed in clauso (b) of sub-section (l) are in addition to the limitations undcr the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force on $anting of bail."

7. 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 commit further offences while on bail. Hence, since the allegations I 4 a levelled against the petitioners are serious in nature, this Court is not satisfied that conditions for granting bail under Section 37 are met' Therefore, the criminal petition lacks merit and the same is liable to be dismissed.

8. Accordingly, this Criminal Petition is dismissed. Miscellaneous applications, pending if any, shall stand closed SD/- A.PRATHIMA DEPUW REGISTRAR //TRUE COPY// SECTION OFFICER

1. The Xl Additional Chief Judicial Magistrate At Secunderabad, Hyderabad District

2. The Station House Officer, Begumpet Police Station, Begumpet, Hyderabad District

3. One CC to SRI PORIKA VIKAS RAJ Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

5. Two CD CopiesIt- VM/PSL \ To, HIGH COURT DATED: 231OG12025 \ o 14r c- 04 AUc z6 .) i -.i. 'i. '-, \- \'\' ' ,'/ -'".,.,/ OROER CRLP.No.7171 ol 2025 DISMISSING THE CRIMINAL PETITION (r )