The High Court · 2025

The State of Telangana, Through the Public Prosecutor High Court, Hyderabad. ... Res po n denUcom p ld i na nt Petition under Section 492 of B.N.S.S praying that in the circumstances stated in the Memorandum of Grounds of Criminat Petition, the High Court may be pleased toto enlarge Petitioner/Accused No.2 on bail in the event of his arrest in connection with Cr.No.79 of 2025 on the file of the PS, Chaitanyapuri, Rachakonda. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri S. Ram Reddy, Advocate for the Petitioner and sri syed Yasar Mamoon, Additional public Prosecutor on behalf of the Respondent No. and none appeared for the Respondent No.2. The Court made the following: ORDER THE HON'BLE SMT. JI'STICE K. SUJANA, CRIMINAL PEIITION NO.9563 OF 2()25 ORDER: This criminal petition is filed by the petitionetlA.2 seeking anticipatorybailinconnectionwithCr.No.Tgof2o2'of Chaitanyapuri Police Station, Rachakonda'

2. The brief facts of the case are that on 24-OL-2025 at 18.35 hours, Chaitanyapuri PS, Rachakonda, received a complaint from SI P. Bhadraiah along with the confession-cum- seizure panchanama of accused A3, Muthyala Yashwanth. At about 15OO hours, LW-l received credible information ttrat a bearded male aged 20-26 years, riding a navy-blue suzuki Access 125 (TS 07 KH 4752l', was coming near Pakala Plaza'' Dilsukhnagar, to sell MDMA. LW-1 informed' his superior under sec. 42{2) NDPS Act, made a GD entr5r, obtained permission, arranged mediators, and informed the clues Team- At 1620 hours, the suspect was intercepted while attempting to flee and was identilied as A3. On questioning, he confessed to possessing MDMA in his motorcycle diclqy. In the presence of mediators, 37.5 grams of MDMA was seized along with his motorcycle, 2 OnePlus and iPhone mobiles. He admitted procuring the drug from A2 for sale to customers in Hyderabad. The contraband was confirmed as MDMA by tJ'e Clues Team, sealed, and deposited in the Malkhana. A case in Crime No. 79 of 2025 under Sec. 8(c) r/w 2t(cl, 29 Nargotic Drlgs and Psychotropic Substances Act, 1985 (for short TIDPS ActJ was registered. The investigation revealed that A3 was in illicit possession of 37.5 grams of MDMA for monetary gain.

3. Heard Sri S. Ram Reddy, learned counsel for the petitioner and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing on behalf of respondent - State.

4. Learned counsel for the petitioner submitted that the allegations leveled against the petitioner are false and fabricated and that no contraband material was found on him, nor was he apprehended on the day the alleged vehicle was seized. He further submitted that the only evidence against the petitioner is the inadmissible confessional statement of other accused. He contended that the police did not follow due process, and no material evidence was seized from him. Therefore, he prayed the Court to grant bail to the petitioner by allowing this criminal petition. 1 i --.1 3

5. On tl e other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for t]re petitioner stating that the petitioner is a drug peddler. He further submitted that the investigation is in progress and if the petitioner is released on bail, at this stage, he may tamper with the evidence and may threaten the witnesses. Hence, he prayed the Court to dismiss the criminal petition.

6. This Court, considering the submissions made by both the learned counsel and reviewing the material available on record, it is noted that the contention of the petitioner that the case is false, fictitious, and fabricated, the case was registered without following the due procedure. However, the Additional Public Prosecutor opposed bail citing commercial quantity weighing 37.5 grams of MDMA from the possession of A.3. At tlris stage, it is pertinent to note Section 37 of the NDPS Act, which reads as under: "37. Offences to be cognizable and non-bailable. -- (l) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 12 of 19741,--lal every offence punishable under this Act shall be cognizable; (b) no person accused of an offence punishable for l[offences under section 19 or section 24 or section 27A and also for offences involving commercial 4 ,1 \ \ quantityl shall be released on bait or on his ouzn bond unless-- {i) the Public Prosecutor has beerr given an opportunity to oppose the application for such release, (ii) where the Public Prosecutor oppo'ses the application, the court is satisfied that tlrere are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. (2) The limitations on granting of bail specilied in cliause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, Lg73 (2 of L9741or any other law for the time being in fiorce on granting of bail." In view thereof, Section 37 0f the NDPS Act mandates that 7. offences involving commercia[ quantities be non-bailable, requiring reasonable grounds to believe the accused is not guilty and unlikely to commit further offences while on bail. Given the serious allegations against the petitioner, this Court is not satisfied that conditions for granting bail under Section 37 are met. However, considering the facts and circumstances of the case, this Court deems it Iit to direct the petitioner to sulTender before the IV Additional Metropolitan Magistrate cum IV Additional Junior Civil Judge, at LB.Nagar, Rangareddy District, and file a petition seeking regular bail. Further, on filing of such 5 petition, the trial court is directed to consider the expeditiously as possible and pass appropriate orders in .same accordance with law. 8 with the above directions, this criminal Petition is disposed of. Miscellaneous petitions, pending, if any, shall stand closed. \ SD/. C.DEEPIKA ASSTSTANT REGISTRAR 6 ,/TRUE COPY" SECTION OFFICER To, l.ThelVAdditionalMetropgliFnlvlagistrate-cum-AdditionalJuniorCivilJudge,at i. g-. l'lagir, Rangareddy District'

2. The station House officer, chaitanyapuri Police station' Rachakonda' 3.oneCctoSri.S.RamReddy,AdvocatetoPucl

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