The High Court · 2025

The state.of .T_elangana, B"p by its Public Prosecutor, High court of Judicature of Hyderabad at Telangana State. ...RespondenUComplainant Petition under Section 482 of Cr.p.C praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to release the petitioners on bail in on cr.No.39g/2025, patancheru Police Station Sanga Reddy. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of sri Ravuri sai sumanth, Advocate for the Petitioner and the public prosecutor on behalf of the Respondent state. The Court made the following: ORDER THE HONOURABLE SRI JUSTICE J.SREE:IIIVAS RAO CRIMINAL PETITION NO.7857 of 2025 ORDER: This; Climinal Petition is filed under Sec 1on 482 of the Bharatiya Nagarik Suraksha Sarhita, 2023 (fo ' short, 'BNSS) seeking zmtir:ipatory bail to the petitioner/a< cused No.4 in Crime No.39B ol 2025 of Patancheru Police Stat.on, Sangareddy District, registered for the offence punishable ur der Section 8(c) r/w Sectron 20(b)(ii)(C) of Narcotic Drugs ar d Psychotropic Substancr:s /.ct, 1985 (for short 'NDPS Act').

2. The case of the prosecution is that on 08.05.2025 at about 04:O0 p.m., on receipt of credible inforrr ar,ion regarding illegal transport of dry ganja, the Sub-Insp':ctor of Police, Patancheru Police Station along with his sta1f, proceeded to Muthangi To11 Plaza ald conducted vehi< 1e check and apprehended accused Nos.1, 2, 5 and 6 and seirred 106.8 kgs of dry ganj a from them. Based on the same, the aforesaid crime rvas registered against the petitioner/accused No.3 and other accused for the aforesaid offence.

3. No representation on behalf of the petitioner. Heard Mr. Syed Yasar Mamoon, learned Additional Frblic Prosecutor appearing lol the respondent/ State. )

4. The petitioner averred that he is no way concerned with the seizure of contraband and even according to the complaint, seizure panchanama and remand case diary, the contraband was seized from the possession of accused Nos'1' 2' 5 and 6 oniy and based on their confession and the petitioner was falsely implicated in the present crime and there are no allegations against the petitioner to connect him present crime and hence, the ingredients of the provisions of NDPS Act and the bar under Section 37 of the NDPS Act are not attracted against him. It is further averred that the petitioner is not having any criminal antecedents and he is ready to cooperate with the investigation and abide by the conditions as may be imposed by this Court and hence, prayed for grant of "r'ith articipatory bail.

5. Learned Additional Public Prosecutor submitted that petitioner/ accused No.4 has committed grave offence under the provisions of the NDPS Act and the police have seized 1O6'8 kgs of dry ganja, which is more than the commercial quantity and the investigation is under progress and at this stage' the petitioner is not entitled for grant of anticipatory bail' Having considered the submissions made by the learned 6 Additional Mlic Prosecutor and on perusal of the material 3 available ()n record, it reveals that the police seizecl 1O6.8 kgs of dry ganja, which is more than commercial quanl it')i. The record reveals th-at accused Nos.l to 7 and 16 hatr hed a plan to purchase dry ganja from accused Nos.12 to 1li at Andhra- Odisha B<>rder and they proceeded to AOB area on two vehicles and purcJras,:d dry ganja from accused Nos. 111 to 1 5 and 16 and proceederd to their destination i.e, Karnata kzr to handover the purchased dry ganja to accused Nos.S to 1: and 17 and in the meantime, the police seized the contraband on O8.05.2O25. The record lurther discloses that very same aLlegations are levelled against accused No.3 and he approai h':d this Court and lrled Cr1.P.No.7692 of 2025 for grant of r.nticipatory baii and this Court dismissed the same on O2.O7.2('25. Hence, the contention raised by learned counsel for the petitioner that there are no allegations, much less specihc allegations, levelled against the petitioner so as to attract the in,f':dients of the provisions of NDPS Act is untenable. 7 - At this stage, it is pertinent to note Se ction 37 of the NDPS Ac1-, w.hich reads as under: ":37. Offences to be cognizable and non-bailabLe. - (t) Notwithstanding alything contained in the Code of Criminal Procedure, 1973 (2 of 1974),-- (r) every offence punishable under this Act shall 6gggizable; .:I-ffi'\****a*.: \:: \ . "i_ 4 l (b) no person accused of arl offence punishable for l[offences under section 19 or section 24 or section 27 A arrd also for offences involving commercial quantityl shall 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 court is satisfied that there are reasonable grounds for believing that he is not guilty oI such offence and that he is not likely to commit any offence while on barl. (2) The limitations on granting of bail specifred in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure' lg73 (2 of 19741or any other law for the time being in force on granting of bail'"

8. Therefore, Section 37 of the NDPS Act mandates that offences involving commercial quantities be non-bailable and no person accused of such offences can be granted bail provided there are reasonabie grounds to believe that the accused is not guilty and unlikely to commit further offences while on baii' Since the allegations levelled against the petitioner are serious in nature, this Court is not satished that conditions for granting bail under Section 37 of the NDPS Act are met' Therefore' the 5 Criminal Petition lacks merit and the same s liable to be dismissed I Accc,rdingly, this Criminal Petition is dismissed' Asa s;equel, miscellaneous petitions, l erlding if any, stand closed. ! I SD,- K.BHAVANI SWAMY - ASSITANT REGISTRAR tu- SECTION OFFICER //TRUE COPY// To, The Judicial f=irst Class Magistrate' (Excise and Prohibition) at Sangareddy' The Station Flouse Officer' Patancheru Police Station Sangareddy District One CC to Sri. Ravuri Sai Sumanth' Advocate [OPUC] Two CCs to Public Prosecutor' High Court for the Sta'e of Telangana [OUT]

2. 3 4 q Two CD CoPies YJR HIGH COURT DATED:0310712025 ORDER CRLP.No.7857 ot 2025 i I 1l r ii i^i ,l: L () /:' ,.k t.) 15 Sl:P 206 * l) €s +. /t / '' , 1/ DISMISSING OF THE CRIMINAL PETITION.