The High Court · 2025

,..RespondenUComPlainant petition under section 480 & 483 of BNSS praying !!a!. . in ffe circumstances stated in tne rvremoianaum of Grounds of criminal Petition, the High court may be pr.u"uo to'lniarte petitioner/ Accused No. 2 on regular bail ps c.a.r"rikhani -ll (Town) on the file of the Principal in cr.No.45 of 2Q25 "r ;;;J;;; Juige, at eeaaaparri on any condition and any other order which the court may deem fit and proper in the ficts and circumstances of the case may be p"r#A-i, favor of the Fltitioners/ Accused No.2 in the interest of lustice. "i* CRIMINAL PETITTON NO: 8627 0F 2025: Between Udav Veer, S/o Sitaram, Age. 32yrs, Occ Utaipradesh State. Laour, R/o Dadki SaiYam, Agra' ...Petitioner/Accused No.1 AND The State of Telangana, Represented by its Public Prosec-utor' High Court for'the iiii"? i"-r" n'g;il n vo" r;"&i, in iJr gri st tion Hou se off ice r, Godavarikh an i - 11(town). ...RespondenUComPlainant Petition under section 4go & 4g3 0f BNSS praying that in the circumstanes stated in the Memorandum of Grounds or cimr:nJ'iltitiL", it iign 6;[HJT" pleased to enrarge petitioner/.Accr""o r.ru. i on ,ugiar oait in cr.No.4s or 2o2s or " PS Godavarikhani -, (Town) on the fire of tnJ e-rtncipar sessions Judge, at Feddapalli on any condition and any otner oroei'ilich tne court may deem fit and proper in the facts and circumstances of the ;; ;;y be arso passed in favor of the Petitioners/ Aocused No. 1 in tt" int.."ioffiti[. These Petitions comihg on for hearing, upon perusing the Memorandum of Grounds of eriminar petition and upon hear.ing the arguments of sri pasham T'ivikram Reddy, Advoeate fOr the Fetitionei and Mr.Syed yasar Mamoon, Additional Public prosecutor on behalf of the Respondent. The Court made the following: COMMON ORDER THE HOT{OI'RABLE SRI JUSTICE J. SREENTVAS RAO CRIMINAL PEf,ITION Nos.8626 and 8627 of2025 COTIMOITORDER These two Criminaf Petitions are irled under Sections 48O and 483 of Bharatiya Nagarik Suraksha Sanhitha, 2O23 (for short tsNSSJ by the petitioners for grant of regular bail in connection with Crime No.45 of 2O25 of Godavarikhani II Town Police Station, Ramagundain District, registered for tJ'e offences punishable under Sections 8(c), 2O(bXiiXC) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 1IDPS Act').

2. The case of tlre prosecution, in brief, is ttrat on 19 'O2 '2025 at 18:15 hours while tl:e Inspector of Police, Godavarikhani, along with his stalf, were conducting vehicle check at 11-A check post in the outskirts of Peddampet village and about 12:30 hours' they found two vehicles and when they tried to stop the said vehicles' a person got down from the Car and fled away' On enquiry' the petitioner No.2 had stated that he along with petitioner No'l have purchased the dry ganja from accused No'6 in order to sell the same to the needy people. On search 96'770 kgs' of dry ganja worth Rs.48,38,5OO/- was found and seized the said contraband along with six cell Phones. 2

3. Heard Mr.pasham Trivikram Reddy, learned counsel for the petitioners and Mr.Syed yasar Mamoon, learned Additional public Prosecutor for the respondent_State.

4. [,e arned counsel for t]re petitioners submitted t]rat petitioners have not committed alleged offence and ttiey were falsely implicated in tfie said erime. He further submitted that the police without following mandatory procedure under the provisions of the NDPS Act have conducted the search and seized the contraband ' The petitioners were arrested on rg .o2 .2025 and since then they were in judicial custody. trarned counsel for the petitioners further submitted that petitioners are not having any Criminal antecedents and entire investigation is completed, except filing of charge sheet and the petitiorrers are willing and ready to cooperate with ttre investigation and also ready to abide by the conditions, whtch are goin.g tci be imposed by this Court and hence, pray.ed for gpant of bail.

5. Per antra, learned Additional public prosecutor submitted that petitioners have committed grave offence under the provisions of NDPS Act and the police seized the contraband namely 96.ZZ0 kgs' of dry ganja from the possession of the petitioners. The investigation is under progress. At tl-is stage, if the petitioners are enlarged o.r '-U"it they will commit the very same offence and they 3 will interfere with the investigation and also influence the witnesses. Hence, tlre petitioners are not entitled for grant of bail at this stage.

6. Having considered ttre rival submissions made by respective parties and after perusal of the material available on record' it 96'770 kgs' of reveals that the police seized the contraband dry ganja, which is a commercial quantity' As per the provisions of tlre NDPS Act I kg. is small quantity and 20 kgs' is commercial quantity. Even according to ttre learned Additional Public prosecutor, the investigation is under Progress. At this stage, it is relevant to note Section 37 of t}re NDPS Act, which reads as under: "37 (u (") (b) Offences to be cogrrizable ald non-bailable' - Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of L9741'-- every offence punishable under this Act shall be cognizable; no person accused of an offence punistraHe for l[ofiences under section 19 or section 24 or section 27 A arrd also for ollences involving commercial quantityl shall be released on bail or on tris own bond unless-- {{ (ii) tlre Public Prosecutor has been grven an the aPplicati'on for such opportunity to opPos€ release, and where tf.e Public Prosecutor opPoses t]:e application, the court is satisfied that there are reasonable grounds for believing that he is ( I \ \ .t (2t not guilty oi such ofence a.rrd t]rat he is not Iikely to commit any offence while on bail. The limitations on granting of beit specified in clause (b) of sub-section (t) are tn addition to the limitations under ttre Code of Criminal procedure, l9Z3 (2 of L9Z4l or any ottrer law for tl.e time being in force on granting of bail. " 7 . In view thereof, Section 37 of the NDpS Act mandates that offences involving mmmercial quantities be non_bailable, requiring reasonable grounds to believe the accused is not guilt5r and unlikely to commit further offences while on bail. Hence, since tJle allegations levelled aqainst the petitioners are serious in nature, this Court is not satisfied that conditions for granting bail under Section 37 of ttre NDpS Act are met.

8. Taking into consideration of the above stated facts and circumstances of the case and also the gravity of the offence, this Court is not inclined to grant bai.l to the petitioners.

9. Accordingly, both the Criminal petitions are dismissed. Miscellaneous applications, perdinC if any, shall stand closed. SD/- MOHD.ISMAIL p UTY REGISTRAR //TRUE COPY// l\ DECTION OFFICER To, o vs/PSL Ramagundam. 1 . The Principal Sessions Judge, at peddapalli. 2, The Station House Officer, Godavarikhani _ | 3. Two CCs to the public prosecutor, High Court for the state of Telangana, at 4. One CC to Sri pasham Trivikram Reddy, Advocate [OpUC] 5. Two CD Copies Hyderabad. [OUT] I Town Police station, HIGH COURT DATED:1810712025 I I COMMON ORDER CRLP.No.8626 AND B62t ot 2025 , .) ? 5 srp zoer \ _\- t.>'''-s,-.,,..,.,t DISMISSING BOTH THE CRIMINAL PETITIONS