The High Court · 2025

The State of Telangana, Through Mokila Police Station, Rep. by its Public Prosecutor, High Court at Hyderabad. ...RESPONDENT/COMPLAINANT Petition under Section 480 and 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 in the interest of justice and to pass 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, the Additional Public Prosecutor on behalf of the Respondent. The Court made the following: ORDER .., j: -!-rrIl64a!!+Fll r!q.-t ,,, ,/ THE HoNOURABLE SRI JUSTICE J. SREE\IVAS RAO CRIMINAL PETITION No.9198 of 2025 ORDER: This (]'irninal Petition is filed under Sectior:,:18() and 483 ol Blraratiya Nagarik Suraksha Sanhitha, 2023 (for shcrt 'BNSS') seeking bail to the pctit-ioner/accused No.1 in Crirne No.61) o12025 on thc file ol the P.S. Mokita, Cyberabad, registered for the <,1'cnccs punishable under Sections 8(c) r/w 2O(bXiiXC) and 29 of the'{llcotic Drugs and Psychotropic Sr.rbstances Act, I 985 (for short 'NDPS, ,\ct'). 2 The case of the prosecution is that on 06.03.l()25, on receipt of the credible information, the Police apprehended rhe petitioner along with other accused and seized 52 kgs. of dry ganja. Jused on the same, present crimc u,as registered.

3. Heard M r.Rapolu Bhaskar, leamed counsel for' .he petitioner and Mr.Syed Yasirr Mamoon, leamed Additional Public I) oscctrtor appearing lor respondcn !State.

4. Leamed counsel for the petitioner submitterl rtrat petitioner has Dot committed alleged offence and he was falselv implicated in the present crime and the Police without followinr thc mandatoly 2 procedure as contemplated under the provisions of the NDPS Act, conducted search and recorded the panchanama. Hc further submitted petitioner was arrested on 06.03.2025 and since more than 150 days he is in judicial custody and the entire investigation is completed, except filing of charge sheet. He further submitted that the petitioner is ready to cooperate with the investigation and also ready to abide by the conditions, which are going to be imposed by this Court and hence, prayed for grant ofbail.

5. Leamed Additional Public Prosecutor submitted that the petitioner has committed a gtave offence and the police seized the contraband namely 52 kgs. of dry ganja, which is commercial quantity. He further submitted that the petitioner involved in more than 13 cases and the investigation is under progress and if the petitioner is released on bail at this stage, he rnay tamper with the evidence, threaten the witnesses and comurit a similar offence, and hence, prayed to disrniss the petition.

6. Having considered the rival submissions made by the leamed Additional Public Prosecutor and after perusal of the material available on record, it reveals that the police seized the contraband namely 52 kgs. of dry ganj a lrom the possession of the petitioner and other accused, tr: 3 and there are specific allegations against the peti:i,rner to attract the provisions of the NDPS Act. As per the NDPS Act, I kg of ganja is srnall quantity and 20 kgs is comrnercial quantity. \\i.tereas, contraband seized in the present case is 52 kgs. of ganja; u h ch is commercial quantity. 'l'he record further discloses that prior r.o this petition, the petitioncr has filed two bail petitions, vide Crl.P.Nos.7458 of 2025 and 8158 of 2025 and this Court dismissed the said petiti,rns on26.06.2025 and 16.07.2025 and there are no changed circunt:;t,rnccs. The record further reveals that the petitioner is involved in I 3 c r:,es, out of which 4 cases perlairrs to the oI'fences under the NDPS Act .lvelt according to the leamed Additional Public Prosecutor, the inr e.;tigation is under progress. At this stage, it is pertinent to note Secti,)rr 37 of the NDPS Act, which reads as under: ''31'. Offcnces to he cognizablc and non-bailable. - (l ) Not\vithstar)d ing antthing contained in the Codc- oI Crinrinal I)rcccdure. 197-i (2 of 1974),--(a) every offence puni;h rble Lrnder this Act shall be cognizable; (b) no person accused of an offence punishable 1br i[ofl'enccs untler section l9 or section 24 or section 27A alrl also lbr offences inr'olving commercial quantityl shall be relca.ed on bail or ott his orvn bond unlcss-- (i) lhc Public l'roscculor has bccrr given an opportulr \ lo ol)nose the applicatiou lbr such release. and (ii) where thc Public Prosecutor opposes the applicarir]lr. thc corrrt .is,satisfied that there arc reasonablc grounds for belieling that hc \ I ) ) 4 is not guilty of such offence and that he is not likely to commit any olfence nhile on bail. (2) The lirnitations on granting of bail specified in clause (b) of sub-section (l) are in additioll to the linritations ulder thc Codc ol Criminal Procedure. 1973 (2 of 1974) or any other law for thc tirnc bcing 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 petitioner are serious in nature, this Courl is not satisfied that conditions for granting bail under Section 37 are met. 'lheretbre, 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. SD/- S.MALLIKARJUNA RAO ASSISTANT REGISTRAR //TRUE COPY// ECTION OFFICER T o \P

1. The Judicial Magistrate of First Class, Chevella, Cyberabad. 2. The Station House Officer, Police Station, Mokila, Cyberabad 3 One CC to SRI RAPOLU BHASKAR Advocate IOPUCI 4. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

5. Two CD C le,s HIGH COURT DATED:0510812025 ./. ,/ ,'\ f .tl S,-/.;;\\ ' l_r.\ il :" I i.j 'c) ', -ir ,|../' ? i [[T 2025 I ORDER CRLP.No.9198 of 2025 CRIMINAL PETITION IS DISMIS$ED t0lwlsf