The High Court · 2025

The State of Telangana, through P and E Bhadrachalam, Rep. by its Public Prosecutor, High Court of Judicature at Hyderabad For the State of Telangana ...RespondenUCornplainant 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 Petitioners/Accused No.1 and 2 herein on bail in COR No. 11312025 (P and E Bhadrachalam), in the Court of the Special Judge, designated for the Trial of Cases of NDPS Act, (l Addl. Sessions Judge), at Kothagudem, Bhadradri Kothagudem District., on such condition or conditions This Petition coming on for hearing, upon perusing the Mernorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M Phanindra Bhargav, Advocate for the Petitioners and Mr. Syed Yasar Mamoon, the Additional Public Prosecutor (TG) on behalf of the Respondent. The Court made the following: ORDER TIIE HONOT]RABLE SRI JUSTICE J. SR.E]O\IVAS RAO CRIMINAL PETITION No.8374 of 2025 ORDER: This Criminal Petition is filed under Sectionr; 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for shc,rl 'BNSS') seeking bail to the petitioners/accused Nos.l and 2 in COR ltlo.l 13 of 2025 on the file of the Prohibition and Excise Station, Bhadra,.,halam, registered for the offences punishable under Section 8(c) r/w ;10(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances A(t, 1985 (for short .NDPS Act,)

2. The case of the prosecution in brief is that orr t)9.05.2025, upon receipt of credible information, the Police appreb erLded the accused while they were transportiry 67 .570 kgs. of ganja in a Mahindra XUV 500 bearing registration No.RI-27-UB-3055. BasrinLg on the same, present crime was registered

3. Heard Mr. M. Phanindra Bhargav, learneC counsel for the petitioners, and Mr.Syed Yasar Mamoon, learned ,tt'dditional Public Prosecutor for the respondent-State. 2

4. t-eamed counsel for the p€titioners submitted that the petitioners have not committed the offence and they were falsely implicated in the present crime. He further submitted that the police have not followed the mandatory procedure as contemplated under the provisions of the NDPS Act, while conducting search and seizure. He further submitted that the petitioners were arrested on

09.05.2025 and since more than 24 days, they are in judicial custody and the entire investigation is sempleted, except filing of charge sheet. He further submitted that the petitioners a"re not having any other criminal antecedents and petitioner No.I is eking out his livelihood by working as driver and petitioner No.2 by doing small business and they shall abide by the conditions, which are going to be imposed by this Court, and they are ready to cooperative with the investigation. Hence, the petitioners may be enlarged on bail.

5. Per contra, learned Additional Public prosecutor submitted that the petitioners have committed grave offence and the contraband seized is 67.570 kgs. of ganja, which is commercial quantity and the investigation is under progress and if the petitioners are released on bail at this stage, they may commit the similar offeng_e, tamper with the 'r\* \ 3 evidence and may threaten the witnesses, and hencr:, prayed to dismiss the petition.

6. Having considered the rival submissions mace by the respective parties and after perusal of the material available o, record, it reveals that the police seized 67.570 kgs. of ganja, and there are specific allegations against the petitioners to attract the provis; cns of the NDps Act. As per the NDPS Act, I kg of ganja is small quanrity and 20 kgs is commercial quantify. Whereas, the contraband sei;te ,l in the present case is 67.570 kgs. of ganja, which is commercjar quantity. Even according to the leamed Additional public prosecuto.-, :he investigation is under progress. At this stage, it is pertinent to note [iection 37 ofthe NDPS Act. which reads as under: "37. Offences to be cognizable and non-bailable. _ (l) Notwithstanding anything contained in the ()ode of Criminal Procedure, 1973 (2 of 197 4),--(a) everi offence punishable under this Act shall be cogrizable; @) no person accused of an offence punishable for I foffences under section 19 or section 24 or section 27A and also for offences involving commercial quantit./] shall be released on bail or on his own bond unless-- (i) the Public Prosecutor has been given an opportu;rity to oppose the application for such release, and (ii) where the Public Prosecutor opposes the applicetirrn, the court is satisfied that there are reasonable g.ountls for I ! \ 4 believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. (2) The limitations on granting ofbail specified in clause (b) of sub-section (l) are in addition to the limitations under the Code of Criminal Procedure, 1973 e of 1974) or any other Iaw for the time being in force on granting of bail."

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 petitioners 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 ifany, shall stand closed. /TTRUE COPYT/ Sd/- B. REKHA RANI ISTANT REGISTRAR SECTION OFFICER To, 1 . The Court of the Special Sessions Judge for the Trial of Cases under Narcotic Qrugs and Psychotropic Substances Act-cum-lAddl. Sessions Judge at Kothagudem.

2. The Assistant Commissioner of Prohibition & Excise Enforcement, 3 4 Khammam. One CC to Sri M Phanindra Bhargav, Advocate [OPUC] Two CCs to the Public Prosecutoi, High Court for the State of Telangana at Hyderabad [OUT] Two CD Copies - W SM/gh HIGH COURT DATED: 1510712025 ORDER CRLP.No.8374 ot 2025 t, .,, :),.: t,., |1,. 2 E S[) 2025 \,_.,',., DISMISSED THE CRIMINAL PETITION \t