The High Court · 2025

The State of Telangana, Rep. by its Public Prosecutor, High Court of Judicature of Hyderabad at Telangana State. ...RespondenUComplainant 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. No.'l 3 and 4 on bail in on Cr. No.300/2025, Shamirpet Police Station. This Petition coming on for hearing, upon perusing the Mernorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Ravuri Sai Sumanth, Advocate for the Petitioners and Mr. Syed Yasar Mamoon, Additional Public Prosecutor on behalf of the Respondent State. The Court made the following: ORDER !*- THE HONOURABLE siRI JUSTICE J. SREE;NIVAS RAO CRIMINAL PETITION No. 8552 ol 12O25 ORDER: This C;-iminal Petition is filed under Sectiors 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (lrereina fter referred to, as tsNSSl seekng bail to the petitioners/accused ttlos. 1, 3 and 4 in Crime No.3Ct0 of 2025 of Shamirpet Police fitation, Cyberabad Commissionerate, registered for the offences unde r Sections 8(c) read with 2O(b)(ii)(Cl, 27(A) and 29 of the Narcotic Dru53i and Psychotropic Substances /.ct, 1985 (for short, 'NDPS ActJ.

2. The brief facts of the case are that on 06.04.2a25 at about O600 hours, the Station House Ofhcer, Shamirpet Police Station, received a credible inforrnation that some persons are illegzL:1y possessing and transporting ganja from Odisha state to Har5zana S[ate via Nagpur in a Bolero Maxx vehicle bearing No.TG O8 T 2653 a:rd the Inspector of Police along ',vith staff and panchas noticed that at about O84O hours the said Bo.tero was coming towards Shamirpe t and stopped the vehicle and found the petitioners in the verhicle along with

273.165 kgs. of ganja. The police seized the sail contraband along with other neaterial evidence including mobile phones and vehicle, which is use(l by the petitioners. Hence, the compleLint. I j I l I I i I I 1, I I l 2

3. When this matter is taken up for hearing, no representation on behalf of the petitioner in the morning sessions and a_fternoon session either in physically or virtually.

4. Heard Mr. Syed yasar Mamoon, learned Additional public Prosecutor appearing for the respondent _ State.

5. Learned Additional public prosecutor submitted that the petitioners have committed gave offence and the police seized 2Z3.165 kgs. of ganja, which is commercial quantity. The petitioners have approached this Court and filed Crl.p.No.7654 of 2O2S and the same was dismissed as withdrawn on O2.O2.2025. The petitioners filed the present criminal petition with the same grounds. The investigation is under progress. By virtue of Section 37 of the NDpS Act, the petitioners a-re not entitled for grant of bail.

6. Having considered the submissions made by the learned Additional Public prosecutor and after perusal of the material available on record, it reveals that the police seized the contraban d. i.e., 223.765 kgs. of ganja, which is commercial quantity. As per the provisions of the NDPS Act, 2 kgs. is small quantity and 20 kgs. is commercial quantity. The police seized huge quantity of contraband from the possession of the petitioners. Even according to the learned Additional Public prosecutor, the investigation is under progress. At r'3\ this stage, i: is pertinent to note Section 37 of the NDPS Act, which reads as uncler: "37 . (1) (al Cffences to be cognizable and non-bailable. - Notwithstanding anything contained in the Code of 3riminal Procedure, 1973 {2 of 19741,-- :very offence punishable under this A:t shall be :ognizable; (b) ao person accused of an offence punishable frrr l[offences under section 19 or section 24 or section 27lr and also for rffences involving commercial quantityl shall be released rn bail or on his own bond unless 'i) the Public Prosecutor has been gh'en an opportunity to oppose the application firr such release, and lii) where the Public Prosecutor oppcses the application, the court is satisfied that. there are reasonable grounds for believing tiat he is not guilty of such offence and that Le is not likely to commit any offence while on t ail. t2t 'the ltnitations on granting of bail specified irr clause (b) of sub-section (1) are in addition to the limitatir n.s under the Code of Criminal Procedure, 1973 12 of 197 4', ,1r any other law for the time being in force on granting of trail." \ I

7. In view thereof, Section 37 of the NDPS ,\ct mandates that offences involving commercial quantities be non.bailabte, requiring reasonable €,rounds to believe the accused is not 5rrilty and unlikely to commit further offences while on bail. Hence, since the allegations 4 levelled against the petitioners a.re serious in nature, this. court is not satislied 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 //TRUE COPYII SD/- L.VIJAYA LAXMI ANT REGISTRAR ECTION OFFICER To,

1. The Vll Additional Mehopolitan Magistrate, at Medchal. 2. The Station House Officer, Shameerpet Police Station, Cyberabad. 3. One CC to Sri. Ravuri Sai Sumanth, Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court for the State of Telangana. [OUT] 5. Two CD Copies. t- trYtRlGH , HIGH COURT DATED:17l0712025 ORDER CRLP.No.8552 of 2025 i': r.r J 1ti ocT 2025 * It. i;,.A r I II -1.. g ,'+ /1, / I DISMISSING OF THE CRIMINAL PETITION.