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 enlarge the petitioner/Accused no 02 on Regular Bail in Crime no.45l2025of SHO, Poiice Station, Kusumanchi, for the offence under Section U/S Bc r/w 20(b)(iiXC) of NDPS ACT and release the Petitioner/Accused on such terms and conditions This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri MUDDALA MAHESH, Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Sole Respondent The Court made the following: ORDER - -- "iFJi=:,-- .-!</- t// ./ / THE HON'BLE SRI JUSTTCE J.SREENI'/AS RAO CRIMINAL PETITION NO.7546 OF 2025 Order.' 'fhis Crirninal Petition is filed under Sections 480 and 483 of Bhalatiya Nagarik Suraksha Sanhitha, 2023 (for shorr. 'BNSS') seeking bail to the petitionery'accused No.2 in Crim,: No.e5 of 2025 on the fiie of Kusumanchi Police Station, Khammartr District, registered for the offence punishable under Scrction 8(c) r/w 20(bxii)(C) of Narcotic Drugs and Psychorropic Substances Act, 1985 (for s,hort'NDPS Act').

2. The brief facts of the case are that ot 24.02.2025. at around 20:30 hours, while the Sub-lnspector of Police, Krisurnan.chi police Station, was conducting vehicle check along u.itl.r his staff near Chcgomma X Road, they found petitioner/accu sed lJo.2 and another person procceding in Mahindra XUV 500 car bearing registration No.TS1O EJ7860 from Kusumanchi to Khamrnarn in suspicious circumstances and apprehended them and seized 1713.870 kgs ofdry ganja from them. Based on their confession, the aforesaid crime was regisLcred agair-rst the accused. )

3. Learned counsel for the petitioner submitted that the petitioner/accused No.2 is innocent person and he did not commit any offence as alleged against him and he was falsely implicated in this crime and the investigating officer, without following the mandatory procedure prescribed under Sections 50 and 52-A of the NDFS Act, seized the contraband. He fuither submitted that the petitionel was arrested on 25.02.2025 and since then he is in judicial custody and the entire investigation is completed except filing of chalge sheet and plays to release the petitioner on bail as he is ready to cooperate rvith the investigation and also ready to abide by the conditions as may be imposed by this Courl.

4. On the other hand, leamed Additional Public Prosecutor opposed the bail petition stating that the petitioner is involved in a grave offence as 178.870 kgs of ganja, which is a commercial quantity, was seized from him and other accused and the investigation is under progress. At this stage, if the petitioner is enlarged on bail, he will interfere with the investigation and influence the witnesses and as per the provision of Section 37 of NDPS Act, the petitionel is not entitled for grant of bail. : :.;lgl ttrilqa:r*rrlir : 3

5. Having considered the rival submissions ; nade by leamed counsel f<rr the parties and after perusal of the malerial availabie on record, it reveals that the police seized 178.870 kgs ,rf ganja, which is a commercial quantity. Even according to the lt:arned Additional Public Prosecutor, the investigation is under prorlress and charge sheet has not been filed. At this stage, it is pcrtinenr to note Section 37 of the NDPS Act, which deals with the cognizable and non-bailable offences and the same reads as under I ,l ' 17. Offences to be cognizable and non-bailable. (1) Notwithstanding anl,thir-rg contained in the Code of Criminal Procedure, 1973 (2 of 1974),-- (a) every offence punishable under rl.ris A.ct shall be cognizable; (b) no person accused of an offence punishatrle for I foffences under section 19 or section 24 or s:ction 27A and also for offences involving commercial quantity] shall be released on bail or,:n his own bond unless-- (i) the Public Prosecutor has been 61iven ren oppo(unity to oppose the application l br su,:h release, and (ii) where the Public Prosecutor opprtses the application, the court is satisfied that there aie reasonable grounds for believing that hr,r is not f f ' .t-.-r:-r^ r:r!. - r:,..,.,...,,,.'. i r:-.ijli:i:a: ,-- r.t,,,t ir:r :lr: l:,'i: : :.::-. i.'r .r..:. guilty of such offence and that he is not likely to commit any offence whiie on bail. (2) The limitations on grauting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, lg73 (2 of 1974) or any other law for the time being in force on granting of bail."

6. In view thereof, Section 37 of the NDPS Act mandates that oflences involving commercial quantities be non-bailable, requiring reasonable grounds to believe the accused is not guilty and unlikely to comtnit fuither offences while on bail' Ifence, since the allegations levelled against the petitioner are serious in nature, this Courl 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. 7 Accordingly, this Criminal Petition is dismissed' Miscellaneous applications, pending if any, shall stand closed \ l SD/- AHMED ABDULLA KHAN ASSISTANT REGISTRAR To, //TRUE GOPY// SECTION OFFICER

1. The Judicial First Class Magistrate(Special Mobile), at Khammam, Khammam District

2. The Station House Officer, Kusumanchi Police Station, Kusumanchi, Khammam District

3. One CC to SRI I/IUDDALA MAHESH Advocate [OPUCI .:, *1=;;*.8-E7 'r r. :: '' ,/ / \ 4 5 Two CCs to Public Prosecutor, High Court for the Stat:: of Telangana at Hyderabad [OUT] I I Two CD Copies VM/PSL HIGH COURT DATED: 2710612025 t \ ORDER CRLP.No.7546 of 2025 f ( ... ': i 6( 1E sEP 2!16 '.',1;, /.,. Ctr, _r' i. DISMISSING THI-.' ORIilINAL PETITION Y 21 t)