The High Court · 2025

Petition under Section 4BO & 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/A3 on bail in connection with 2025 on the file of Proh. and Excise Station, Bhadrachalam, Cdn.ruo. 115 Bhadradri Kothagudem District. -of This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri B MURALIDHAR, Advocate for the Petitioner and Sri Syed Yasar Mamoon, Additional Public Prosecutor on behalf of the Respondent. The Court made the following: ORDER .1 ./ / THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.7664 of 2025 ORDER: This Criminal Petition is filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ,BNSS,) seeking bail to the petitioner/accused No.3 in COR No.lll of 2025 of Prohibition and Excise Station, Bhadrachalam, registered for the offence punishable under Section 8(c) r/w 20(bXiiXC) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ,NDpS Act,).

2. The case of the prosecution in brief is that on 09.05.2025, on receipt of credible information, the police apprehended the petitioner and other accused, while they were transporting 29.500 kgs ofganja in Maruthi Suziki Dzire Car. Basing on the same, present crime was registered. 3 Heard Mr.B.Muralidhar, leamed counsel for the petitioner and Mr.Syed Yasar Mamoon, leamed Additional public prosecutor for the respondent-State.

4. Learned counsel for the petitioner submitted that the petitioner has not fummitted the offence and he was falsely implicated in the €*.:.::::r.r.',.::.,.;lri*. 2 above crime. He further submitted that the Police without following the mandatory procedure prescribed under Section 52 of the Act seized the contraband. He further submitted that the petitioner was arrested on 09.05.2025 and since then he is injudicial custody and he is not having any other criminal antecedents. 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 cooperative with the investigation. Hence, the petitioner may be enlarged on bail.

5. Per contra, leamed Additional Public Prosecutor submitted that the petitioner and other accused have committed grave offence and the contraband seized is 29.500 kgs of ganja, which is commercial quantity. He further submitted that accused No.2 in the said crime had approached this Court and filed Crl.P.No.7273 of 2025, for grant of regular bail and the same was dismissed on

30.06.2025 and the very same allegations are levelled against the petitioner and the investigation is under progress, and at this stage if the petitioner is enlarged on bail, there is every chance to interfere with the investigation and also influence the witness. Hence, prayed to dismiss the petition. --@ ,'7' 3

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 29.500 kgs of ganja, and there are specific allegations against the petitioner to attract the proVisions of the NDPS Act. As per the NDPS Act, 1 kg of ganja is small quantity and 20 kgs is commercial quantity. Whereas, contraband seized in the present case is

29.500 kgs of ganja, which is commercial quantity. Even according to the leamed Additional Public Prosecutor, the investigation is under progress. At this stage, it is pertinent to note Section 37 of the NDPS Act, which reads as under: "37. Offences to be cognizable and non-bailable. - ( 1) Notwithstanding an1'thing contained in thc Code of Clliminal Proccdure, 1973 (2 of 197 \,--(a) every offcnce punishablc under this Act shall be cognizable; (b) no person accused of an offbnce punishable for I foffences under section 19 or section 24 or section 274 and also for ofTences involving commercial quantity] shall bc released on bail or on his own bond unless-- (i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and (ii) where the Public Prosecutor opposes the application, the oourt is satished 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 bai[. f 4 (2) The limitations on grurting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure. 1973 (2 of 19741 or any other Iaw for the time being in force on granting of bai[."

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 levelled against the petitioner 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. \ \ To, //TRUE COPY// SD/- L. VIJAYA LAXMI ASSISTANT REGISTRARG SECTION OFFICER

1. The Judicial First Class Magistrate at Bhadrachalam. 2. The Station House Officer, Prohibition & Excise Station, Bhadrachalam. 3. One CC to Sri. B Muralidhar Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court for the State of Telangana [OUT] 5. Two CD CoPies GR/gh W HIGH COURT DATED:01 10712025 I ORDER GRLP.No.7664 of 2025 ,/- . ., ,\:: ar ^ ---j:-:=::: ,..,.,.1',-.''^1 ( , ,) i; ,.<, t 16 SEP 2025 ,SP4 r,' ' THE CRIMINAL PETITION IS DISMTSSED 0u d l>-