The High Court · 2025

State of Telangana, Represented by its Public Prosecutor, High Court for the state of Telangana, Hyderabad, through Station House Officer, Godavarikhani -ll (Town). ...PETITIONER/ACCUSED NO.1 "..RESPONDENT/COMPLAINANT Petition under Section 480 & 483 OF BNSS praying that in the circumstances statr:d in the Memorandum of Grounds of C|iminal Petition. the High Court may be pleased to enlarge Petitioner/ Accused No 1 on regular bail in Cr.No. 45 of 2025 ot PS Godavarikhani -ll (Town) on the file of the Hon'ble Principal Sessions Judge, at Peddapalli on any condition arrd any other order which the court may deem fit and proper in the facts and circumstances of the case may be also passed in favor of the Petitioners/ Accused No. 1 in the interest of lustice. These Petitic,ns coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petitions and upon hearing the argume"ts of Sri PASHAM TRIVIKRAM REDDY Advocate for the Petitioners in both the CRLPs and SRI SYED YASAR MAI\4OCN, the Additional Public Prosecutor for'the Respondent in both the CRLPs The Court made th,:: following: COMMON ORDER I I TIIE HONOT]RAI}LE SRI.IUSTICT] J. SREI,NI\TAS RAO CRIMINAL PCTIl'lON Nos.9464 and 9465 of 2025 C0MM0NOItI)ER: l'hesc two Criminal Petitions are filed unclcr Scctions.l80 and 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (fbr short 'BNSS') b1, the petitioners for grant of regular bail in connection with Criure No.45 of 2025 ol Godavarikhani ll Town Police Station. Ranragundam District, registered fbr the ollences punishable under Sections 8(c), 20(b)(ii)(C) of the Narcotic l)rugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').

2. Both the criminal pctitions are arising out of Crime No.45 ol

2025. Hence, they are hearil together and disposed of by this common 'l.hc casc ol thc prosccution, in brief, is that on 19.01.2025 at l8:15 hours while the Inspector of Police, Godavarikhani, along with his stafl, were conducting vehicle check at ll-A check post in thc outskirts of Peddarnpet village and about 12:30 hours, they fbund two vehicles and when they tried to stop the said vehicles, a person got down fiom the Car and fled away. On enquiry, they stated that they 1 have purchased thc dr1'-o.anja frorn accused No.6 in order to sell the sarne to the nccrdy people. C)n search 96.770 kgs. o1- c ry ganja wonh Rs.48,38,500'- rras t-ound and seized the said contrah,:nd along uith six cell phones

3. Heard Mr.Pasham Trivikram Reddy, leamed counsel for thc petitioners and Mr.Syed Yasal Mamoon, leamed Adttitional Public Prosecutor for thc respondent-State.

4. Leamed counsel for the petitioners submitted r.hat petitioners have not comnrittcd alleged ofl'ence and they were falsely implicated in the said crime. I-le further submitted that the oolice without following martdatory procedure under the provisions of the NDPS Act have conductcd the search and seized the contraband. l'he petitioners were arrested on 19.02.2025 and since then they rv:re in judicial custody. Learned counsel fbr the petitioners further submitted that petitioners are not having any criminal antecederts and entire investigation is completed, except filing of charge sheet and the petitioners are ready and willing 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 of bai l.

5. Per c'ontra, leamed Additional I'ublio Prosecutor submittcd that petitioners have committed grave ollence under the provisions ol' NDPS Act and thc police seized the contraband namely 96.770 kgs. of dry ganja, rvhich is commercial quantity, which is in comrncrcial quantity. At this stage, il the petitioncrs are enlarged on bail they witt corrmit the very same ofIence and they will interfere ivith the I invcstigation and also influence thc witncsses. I-lence, tl're petitioners are not entitled lbr grant ol bail at this stage.

6. I{aving considered the rival submissions made by respective parlies and after pcrusal olthe rnatcrial available on record, it reveals that the police seized the contraband namely 96.770kgs. of dry ganja, rvl-rich is a commercial quantity. As per the provisions ol the NDPS Act I kg. is small quantity and 20 kgs. is commercial quantity. Even according to the leamed Additional Public Prosecutor, the investigation is under progress. At this stage, it is relevant t() note Section 37 of the NDPS Act, which reads as under: ) )'37. Oti'ences to be cognizable and non-bailable. - (l) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 197 4),--(a) every offence punishable under this Act shall bc cognizable; .+ f I I I I I (ht no pcrson accused of' ar offence punishable tbr I loffenccs under section l9 or scction 24 or se:ction 27A and also for offcnces involving commercial quantit) I sha[[ be rclcased on bail or on his orvn bond unless-- (i)the I'ublic Prosecutor has been givcn an oppo(rrnity to opposr' thc application lbr such release, and (ii) whcre the Public Prosccutor opposes the application. the court is satisfied that there arc reasonablc grounds for bclieving that he is not guiltv ol'such offence and that hc is not likely to comnrit any ollcnce rilrile on bai[. (2) The limitations on granting ol'bail specified in clause (b) ol' sub-scction (l ) are in addition to the limitations undsr the Code olCriminal Procedurc. I973 (2 of l()74) or any other law lor the limc hcing in force on gran:ing of bait."

7. ln vierv thereol. Section 37 of the NDPS Act mandates that offences involving commcrcial quantities be non-bailable, requiring reasonable grounds to believe the accused is not guilt_v and unlikely to commit fi.rrther otl-ences while on bail. Flerrce, sincc the allegations levelled against the petitioners are serious in naturc. this ('ourt is not satisfied that conclitions lor granting bail under Scction 37 ol' the NDPS Act are met. 5

8. Taking into consideration of the above stated facB and circumstances of the case and also the gravity of the offence' this Court is not inclined to grant bail to the petitioners'

9. Accordingly, both the Criminat Petitions are dismissed' Miscellaneous applications' pending if any' shall stand closed' I To, //TRUE COPY// SD/- T. SRINIVASA REDDY S STANT REGIST CTION OFFICER

1. The Principal Sessions Judge at Peddapalli. 2. The Station House Officer, GDK Il town Police Station, Ramagundam 3. One CC to SRI PASHAM TRIVIKRAM REDDY Advocate [OPUCI 4 Two CCs to SRI PUBLIC PROSECUTOR, High Court for the State of Telarlgana. Hyderabad [OUT] \ 5. Two CD Copies GR_iglr \ ? a HIGH COURT DATED:0410812025 COMMON ORDER CRLP.No.9464 AND 9465 ot 2025 .. -:::: ::"'' \ ;-- _ 27 0tT tffi a . rSi',,TCr,. ''-- - .--:::aa-r? DISMISSING BOTH THE CRLPs ( hI r! I { /t) Dl <'