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 A2 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 Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri PORIKA VIKAS RAJ (not being present), 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 IIONOURABLE SRI JUSTICE J. SIIEE]'.I VAS RAO CIUN{INAL PETITION No. 8805 of 2I) ]5 ORI)F]R: This Crirninal Petition is filed under Section; -180 and 48i o1- Bharatiya Nagarik Sulaksha Sanhitha,2023 (for shor BNSS')scekrng bail to thc petitioners/accused Nos.2 to 6 in Crime 'r r.74 of 2025 on the Ille ol- tl.re I). S.Copalapuram, Hyderabad District. r :gistcrecl Ibr tlre ol-fences punishable under Sections 8(c) r/w 20(b)(ii)( ( ),25,27 (a) and 29 ol'the Narcotic Drugs and Psychotropic Substanc,.; Act. l9tl5 (lirr' short 'NDI)S Act')

2. When tlris criminal petition is taken up lor hL i rins thcre is no reprcscutation on behall of the petitioners, eitl-rer in r rysical nrodc or v irlrr a I mode

3. The case of thc prosecution is that on 17.04.2(\-: , thc petitioners along with other accused were found in possession ol ;8 kqs. ol gan_1a and the sarne was seized. Basing on the same, Crinr: No.74 ol 2025 was registered

4. Heard Mr.Syed Yasar Mamoon, leamed r\.] iitional Public Prosccutor appcaring for rcspondent-State. 2

5.LearrredAdditionalPublicProsecutorsubmittedthattlie petitioners have committed a gravc off'cnce and thc police seized the contraband namely 58 kgs. of Ganja, which is cotlttrercial quantity Fle lurther submitted that the petitioncrs werc an csted on I 7'04 2025 and the investigation is under progress and il'thc petitioncrs are rcleased on bait at this stage, they may tampcr with the cvidencc and may threatcn the witnesses, and hence, prayed to d ismiss the pctition' (t. Having considered the submissiotis made by lcarncd Additional Public Prosecutor and attel perusal of the nraterial available on record, it reveals that the policc seized 58 kgs of Ganja' As per the provisions of NDPS Act, I kg is the small quantity, the contraband seized from the posscssior-r of tlie petitioliers in tliis crin]c is more than commerciat quantity. At this stage, it is perltnent to note Section 37 of the NDPS Act, which reads as uuder: "37. Olfences to be cognizable and non-bailable' (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),-(a) every offence punishable undcr this Act shall be cognizable; (b) no person accused of an offence punishable 1br 1[offences under section l9 or section 24 or section \ 3 27 A antl also lor offences involving co r lnefcial quantityJ shirll be released on bail or on ris own boutl u u lcrss-- (i) the Public Prosecutor has been l oJrPortr,rnitv to oppose the application I ven an rr such rclcase. antl (ii) w'hcrc thc Public Prosecutor opp r application, thc court is satisfied that rl leasonable grounds lor believing that Irr guiltl' o1'such ofl'encc and that he is not I ;cs the 3re are is not kelv to cournrit auy olf'ence while on bail. (2) The Iirnitatrons on granting of bail sprr claLrsc (b) ol'sub-section (l) are in additio limitations under the Code of Criminal l,r t l97i (2 oi 1974) or any other law for L being in ltrrcc on granting of bail." illed in to the aedure, c tirne

7. In vieu. rhercol, Scction 37 ol the NDPS Act mandates that oltbnces involr ing cornntercial quantities be non-ba lrble, requiring reasonable grounds to believe the accused is not gui lr and unlikely to comntit further of'fences while on bail. Even ar:, ording to thc learned Additional l)ublic Prosecutor, investigation is r nder progress. Ilence, since rhe allegations levelled against the letitioners are serious in natule, this Courl is not satisfied that onditions for 4 granting bail under Section 37 are met. Thereflore, the criminal petition lacks merit and the same is liable to be dismissed. c) 8 Accordingly, this Criminal Petition is dismissed Miscellaueous applications, pending il any, shall stand closed' Sd/. S. MALLIKARJUNA RAO ASSISTANT REGISTRAR //TRUE COPY// ECTION OFFICER To,

1. The X Additional Chief Judicial Magistrate at Secunderabad, Hyderabad District

2. The Station House Officer, Gopalapuram Police Station, Gopalapuram, Hyderabad District 3 One CC to SRI PORIKA VIKAS RAJ Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

5. Two CD Copies VM/PSL HIGH COURT DATED: 2310712025 ORDER CRLP.No.8805 of 2025 1". -- ,\. i IJ w DISMISSING THE CRIMINAL PETITION n Y