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 the bail to the petitioner/ Accused No.1 in connection with Crime NO.69 of 2025 on the file of the PS Mokila for the offence U/Sec.8(c) r/w 20(B) (ii) (c), 29 of Narcotic Drugs and Psychotropic Substances Act-'1985 This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri RAPOLU BHASKAR, Advocate for the Petitioner and SRI SYED YASAR MAMOON, ADDITIONAL PUBLIC PROSECUTOR on behalf of the Sole Respondent The Court made the following: ORDER THE HON'BLE SR.I JI.ISTICE J.SR.EEI{IVAS FTAO CFaIMINAL PETITION No.8158 of 2025 ORDER This Cr-iminall Pe tition has bcen filcd rrr r ler Scctions 48O ancl .t8ll of thc llharratiyzr Nagarik Suiatl...ha SanLrita, 2023 (for shorl, 'BNSS') by thc pctitioncr/rr,;r;used No.1, scckir-rg bail in connecLion wilh Crime No.(, I of 2025 on thc lile of thc Station I Iouse ()ff-rcer, Mokila [',; Iice Station. Cyberabal Cornrn issior-r eralr: regis[crccl for rhe offenccs punishzrble rrnder Scctior-rs t3(c) r/w 2O(b)(ii)it') anrl 29 of' thc Narc,rtii: Drugs and Psychot.ropic SlrlrsLanccs Act. 1985 (for short 'NDPS Act').

2. Hca;:d Mr.Rapolu Bhaskcr, lczrrnccl corrnscl for the petitloner and Mr.Sycd Yasar Martr<)on, Icarr ,-,11 AddttionaL Public [)rt)sr:cutor appearing lirr responcle]nt- :;titte

3. The casc of prosecution ir-r brief is I rat :rccused Nos.l an<l ll u.crc lound in possession oI h'-r,1 r quzrntity of Narcotic Drug i.c. 52 of ganja. Bz s ing on the cornplaint grven by the Sub-Inspcctor of I,r>lice, Mokila Policc Station, tho prcsent CTIII1E WAS reer:: t (lrccl for thc aforesaid ofl-cnces 2

4. Learned counsel Ibr the petitioner submitted that the pelitioner has not committed any offence and he was faisely irnplicated in the prescnt crime. The police have not lollowed the rnanclatory proccdure prescribed ur-rder Sections 42,50 ztnd 52 of thc NDpS Act whilc conducting searctr, seizure and panchanama. The petitioner was arrested on 06.03.2025 and since morc than 130 days he has bcen in judicial custody zurd that er-rtire ir-rvcstigation has bcen complcted except liling of charge shcet. He furthcr submitlcd that very szrme allegations are levelled against nccusecl No.3 ernd this Court granted bail to him uide order daLed 26.06.2025 in Crl.P.No.7458 of 2025 and acctrsed No.2 was also enlarged on bail. The petitioner is cking out his livclihood by doing private job and his cntire family members ar<: dc1;endir-rg on his income only. The petitioner is rcady and willing to co()perate with the ir-rvcstigation and hc will abidc by any of the conditions that rnay be irnposcd by rhis Court. Hence, the petitioner is entitled lor grant of bail.

5. Learned Additional Public Prosecutor subrnitted that the petitioner has committed the grave offence and the police seizcd contraband i.e.52 kgs of ganja, whicl,r is corrrmcrcizrl quantity. He [urther sr-bmittr:,1 that the petitioncr is involved in four sirrrilar casc:;, r.r.hich are rcgisl ered under the provisiotrs of NDPS r.,-- L and nine othcr cast:s, u'hir:h arr: registct-cd under th<: ltrovisions of tl-re Irrdian l)enal Codc, 1860 (IPC). Thc i,'titioner is a habitual c,ffcr-rdcr and the invcstigation is urrrlr:r progress 'lhert:fore, il the pctrtioner rs enlargcd on Lrai[, hc will cornmit th e \/cry sarne offence. Hence, the pt:. ilioner is not cntilkrcl for granl of anticipatory bail (r 'l-l-rrs Court considclcd thc rivr.ri sulrtnisstons madc by tht: rcspective partics and peruscrl . ht: ma tcrial available on record. As per Lhe provisions of the NDPS Act, 1 kg. is srnarll quantity irnd 20 kgs. i', c:on'rmercial quantitl/ and in the casc or'r Lrancl, the pit1t,.;r-' scizecl the contraband r.e. 52 kgs. of ganja, which L r cornmercial quantitv. L()arncd Additional l)ublic Prosec:'-l .or 1:laced the writtcn inslructions furnisht:d by thc Sttl' Irtspeclor of Policc, Mr>kila Police Station, Cyberabad Corr : rissioncrate , whicl-r rer eals that the petitioncr is involvecl i't Ibur sirnilar offcnt:cs, which are rcgistcrcd under tltc' ;,ror"isions of NDPS Act, and nine olher crirnes, rt,hich .rrc registcred r.rnder the provisions of IPC, ar-ld the investig,riion is under progress.

7. At this stage, it is pertincnt to note Section 37 ol the NDPS Act, wl-rich rczrds as undcr: \ "37. Oflenccs to bc cognizable and I'ron-bailable - (1) Notwrthstanding anvthing contained in the Code of Cnminal l)roccc]ure, 1973 (2 ot l97a),- lal cver-v oller-rce punislr;rblc under this Act shall be cognizablc; (bl no person accuscd of an offence punishablc for 1[offences under section l9 or section 24 or section 27A and also lor oflcnces involving c:ornntcrr.ial clltilrrtit-yl shall be released on bail or on his own bond unlcss the Public Prosecutor has been given [i) an opportunity to oppose [he application for such releasc, ancl whcre the [)Ltblic I)rosecutor opposes 0,J thc application, the court is satisfiecl ttrat there are rcasonable gronnds for belicving that he is not guilty of srrch offencr: arrd that he is not likcly to commit anr. offer]ce rvhile on bai L. (2) The limitations on granting of bait specihed in clause (b) of sub-scction (1) are in addition to the limitations under the Code of Criminal Proccdurc, 1973 (2 of 1974) or any other lau, for thc lirne bcing in for cc on granting of bail."

8. In view thereof, Section 37 of the NDpS Act rrandates that offences involving corrrmcrcial quantities be non- ., J\ bailable, r-eclr.riring reasonable grounds t,r believe thc accused i:; not guilty and unlikely to cornmit further ofl-enccs wrilr: or-r bail. I-lencc, sincc the allc:s1,rt ions Ievelled ergainst th c petitioner are scrious in nartr.lre and the petitione r in'" olved in other cases with simrla - offence, this Courl is no1 surtisfied that cot-rclitions for grantirrg Itail ur-rdcr SecLiorr 37 :rre rl<:t. 'lhcrefore, the crirnina rr:tition lacks mcrit lrnd ll-rc. sarnc is liable to be dismissed. 9 Aci:ordingly, this Crin-rinal Petition ir dismissed. As ar sr:c1ucl thereto, miscell.rncous :t 1: tlicl.rtions, if any, pcndirg in this pctition sternd closed I To, SD/-A. JAYASREE ASSi\ TANT REGISTRAR \ sebrrou oFFtcER //TRUE COPY//

1. The Judic al First Class Magistrate at Chevella, Cybera rad, Rangareddy Distrrct

2. The Station House Officer, Mokila Police Station, Mokrli;, Cyberabad District 3. One CC to SRI RAPOLU BHASKAR Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court for the State cf Telangana at Hyderabad [OUT]

5. Two CD Copies v VM/PSL HIGH COURT DATED: 1610712025 I ORDER CRLP.No.8158 ot 2025 ) 25 ,il if5 ,-1 \ \ + .'iI,. , , g {.1 ,'/,/9/< DISMISSING THE CRIMINAL PETITION