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 grant regular bail to the Petitioners/Accused 42 to A6 in Crime No.7412025, registered at Gopalapuram Police Station, for the offences under Sections 8(c), 20(b)(ii)(C). 25, 27 (a), and 29 of NDPS Act. This Pet tion coming on for hearing, upon perusirg the Memorandum of Grounds of Criminal Petition and upon hearir g the arguments of Sri Porika Vikas Raj, Advocate for the Petitioner and f irr Syed yasar Mamoon, Additional Public Prosecutor on behalf of Respondent stitte. The Court made the following: ORDER THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.7933 of 2025 ORDER: 'fhis Criminal Petition is filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS') seeking bait to the petitioners/accused Nos.2 to 6 in Crime No.74 of 2025 on the llte of the P.S. Gopalapuram, Hyderabad, registered fbr the off'enccs punishabte under Sections 8(C) r/w 20(bXiiXC), 25,27(a) aod 29 o('the Narcotic Drugs and Psychotropic Substances Act, 1985 (fbr short 'NDPS Act').

2. 'l-he case of the prosecution in brief is that on 17.04.2025, the petitioncrs were red-handedly apprehended in Room No- 104 ol' Sri Laxmi Lodge, Regimental Bazar, Secunderabad, while lbund in posscssion of 58 kgs. of ganja. Basing on the same. present crime rvas registered. J Hcard Mr.P.Vikas Raj, learned counsel for the petitioners and Mr.Syed Yasar Mamoon, leamed Additional Public Prosecutor tbr the lespondent-State. 2

4. Learnerl counsel for the petitioners sut nritted that the petitioners have not committed the offence and they rvere falsely implicated in lhe atrove crime. He further submitte I that the alleged e-oritfaband rvas seized from the possession of a,:.:used No.l and there are no allcgations against the petitioner; to attract the provisions c l'r he NDPS Act. He turther submitted tluii the petitioners were arresti:d on 17.04.2025 and since then the.r are in judicial custody and thcv are not having any. other crii::rina antecedents. fle further subnrittcd tlrat the petitioners shatl abide by the conditions, which are L,oing to be imposed by this Court, anC he is ready to cooperativc ,'r,rth thc investigation. I{ence, the petrtioners may be enlargcd on l-rlil

5. l'u' c'trrtrt. Ieamed z\dditional public pros,:t:utor submitted that the petitioncrs and othcr accused have committ:d grave offence and thc contlal,and seizcci is 58 kgs. oi ganja, whic lr is commercial quantitr,. c lirrrher subnrittcd that accused Nos,l , 7 and 8 are ahscontlirrg zrnrl rhc invcstigation is under progress. and at this stage i1- the pc'titioncrs are enlarged on bai[, there is t:r,ery chance to intcrf-erc rvit h tlrc investigation and also influenc,: the witness. llcnce. pray-ccl to d islnl5s the petition. 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 58 kgs. of ganja, and there are specific allegations against the petitioners to attract the provisions of the NDPS Act. As per the NDPS Act, I kg of ganja is small quantity and 20 kgs IS commercial quantity. Whereas, the contraband seized in the present case is 58 kgs. olganja, 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, u,hlch reads as under: "i7. Otflnccs to bc cognizable and non-bailable. ( l) Notu'ithstanding any.thing contained in thc Code of Crinrinaf Procedure, 1971 (2 of l97a),-(a) every offence punishablc under this Act shall be cognizable; (b) no person accused of an offence punishable lor l[ollences under section [9 or section 24 or scction 27A I and also lbr ofl'ences involving commercial quantity] shall be released on bail or on his own bond unless-- (i) the I'ublic Prosccutor has been given an opportunity to opposc thc application for such release, and (ii) uhere the Public Prosecutor opposes the application, the court is satisfied that there arc reasonablc grounds lor believing that hc is not guilty of such offcnce and that he is not Iike ll to commit any oflence while on bail. 4 (2 t 1'hc Iimitations on granting of bail specified i r :lausc (b) of sub-section ( l) arc in addition to the limitatior s undcr the Cc,dc of Criminal Proccdure. 1973 (2 ol' 1974) cr any other larv for the time bcing in lorce on granting of bail

7. In vir'w thereol-, Section 37 of the M)PS Act mandates that offences inr olving commercial quantities be non-hailable, requiring reasonable gror-rnds to belicve the accused is not grr Ity and unlikely to commit flirt'rer oifbrrccs rvhiie on baii. l{encc, srrrr.:e the ailegations levelled against the l-retiricrncls arc serious in natur-r.. this Court is not satisfied thar. conditions tbr granting bail under Sr:,rtion 37 are met. Therefore, the crirninal pcrition lacks mcrir and the rrme is liable to be dismissed.

8. Accordingl[v. this ('rinrinal Petitiou is disnrissr tl Miscellaneous applications, pending if any, slr r I stand closed, SD/.V.KAVITHA 1 I)EPUTY REGISTRAR //TRUE COPY// \ I SECTION OFFICER The X Addl. Chief Judrcial Magistrate at Secunderabad The Station Hr:use Officer, Gopalapuram Police Station. f lyderabad. One CC to Sri Porika Vikas Raj, Advocate. IOPUCI Two CCs to Public Prosecutor, High Court for the State ti Telangana - louTl Two CD Copiers To, 1 2 3 4 6 YIR /PSL,D HIGH COURT DATED:0410712025 ORDER CRLP.No.7933 of 2025 ( "c q 3 1t ,tI ?tfi t /! ,,, DISMISSING OF THE CRIMINAL PETITI()N. q q l/