The High Court · 2025

...Respondents No.2/Complainant Petition under Section 480 & 483 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminll petition, the High Court may be pleased to enlarge the petitioners on bail in Cr.No.1207 ol 2025 on the file of Narsingi police Station, Cyberabad pending enquire and trail and pass such other order or orders. This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri A.Raghuram, Advocate for the Petitioner and Sri Syed yasar Mamoon, learned Additional Public Prosecutor on behalf of the Respondent-1 state and None appeared for the respondent no.2_ The Court made the following: ORDER t TIIE HONOURABLE SMT. JUSTICE K. SIJ IANA CRIMINAL PEIITION No.10575 of 2O: l5 ORDER: Seeking the Court to enlarge the petit Lr ner, who is arrayed as accused No.2 in Crime No. 1207 of 2Ci 5 of Narsingi Police Stalion, Cyberabad Commissionerate, on ba [, the present Criminal Petition is frled.

2. The brief facts of the case are that on .2 l-06-2025 at about 13:3O hours, while the complainant, G. Rzrf, sh, Detective Inspector of Police, Narsingi PS, Cyberabad, was 1 resent at the police station, he received credible information th rt a Nigerian national would be delivering cocaine and ecstasr pills to drug peddlers residing at Flat No. 4A, 4th Floor, Anuha - Coral Bells, Road No. 20, Alkapuri Township, Manikondur Hyderabad, between 15:OO arrd 18:0O hours. Believing the inf: 'rnation to be true, the complainant informed the SHO, madt: a GD entry, obtained permission .from his superior ofhcer, i nd arranged mediators and a clues team. At about 16:32 ho'-r 's, the police team raided the said flat and apprehended three Lccused, who were found in possession of lO7 .22 grams of coczLj re and 25.85 grams of ecstasy pills (MDMA), which were seizec rnder proper 2 sKs,J Crl.P.No.10575 of 2025 a panchnama. During interrogation, the accused confessed tl.at they were procuring drugs from one Max @ Princewel @ Ugo @ Buchi @ Petit Ebuzer @ Gabriel, a Nigerian supplier based in Goa, and were supplying the same to local consumers.

3. Heard Sri A. Raghuram, learned counsel appearing on behalf of the petitioner as well as Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing on behalf of ttre respondent - State. tramed counsel for the petitioner submitted that the

4. allegations leveled against the petitioner are fa-lse and fabricated. He further submitted that the petitioner is in jail since 22.06.2O25 and the material part of the investigation is completed. Therefore, he prayed the Court to grant bail to the petitioner by allowing this criminal petition.

5. On the other hald, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that the petitioner is a drug peddler. He further sr.rbmitted that the investigation is in progress and if the petitioner is released on bail, at this stage, he may tamper with the evidence arrd may threaten the witnesses. He contended 3 SKS'J Crl.P.li o 10575 of 2025 that there are one other case is pending against the petitioner' Hence, he prayed the Court to dismiss the criminal p tition' 6. This Court, considering submissions made t y both the learned counsel and reviewing the material availabt' on record' it is noted that the contention of the petitioner thE I the case is false, frctitious, and fabricated' the case was regisl< red without following the due procedure' However' the Addit onal Public Prosecutor opposes bail citing commercial quant ry weighing lO7 .22 gtarrrs of cocaine and 25'85 grams of ' cstasy pills (MDMA)' At this stage, it is pertinent to note Sect:n 37 of the NDPS Act, which reads as under: "37 Offences to be cognizable and non-baila I : -- (i) Notwithstanding anything contained in the C: te of Criminal Procedure, lg73 (2 of 1974)'--(a) very offence punishable under this Act shall be cognii:z :1e; (b) no person accused of an offence punishall : for l[offences under section 19 or section 24 or rx :tion 2i A arrd also for offences involving comrn :rcial quantity] shall be released on bail or on his ou'n bond unless-- (i) the Public Prosecutor has been giv':: an opportunity to oppose the application for such |t ease' I Public Prosecutor opPosor the (i1) where court is satisfied that thr:l ': are application, reasonable grounds for believing that he is n('t guilty I \ i ll: t1tr \ ir 1 lii' I l:l l.liiL 4 SKSJ crl.P.Ito.10575 of 2025 n of such offence and that he is not likely to commit arry offence while on bail. (2) The limitations on granting of bail specifted in clause (b) of sub-section (1) are in addition to the Iimitations under the Code of Criminal Procedure, 1973 (2 ot 19741 or any other law for the tirne being 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. Given the serious allegations against the petitioner, this Court is not satisfled that conditions for granting bail under Section 37 are met. Therefore, the criminal pelition lacks merit and the same is liable to be dismissed.

8. Accordingly, this Criminal Petition is dismissed Miscellaneous applications, if any pending, shall stand closed. SD'- M. OSMAN ALI ASSISTANT REGIS /'^ / c:) \--/ BAIG TRAR SECTION OFFICER /ITRUE COPY// To, Ranga ReddY District at L B' 1 The I Additional District and Sessions Judge' Naoar. z rtEti"tion House officer' Narsingi' ; d;;;i; 4. Two ccs to the pruri" prlre"uil,l nigr, coutt tb' the state of relangana' 5. Two CD CoPies s,iA Rasn"am' Advocate [oPUC] HYderabad. [OUTI EPRlgh a I HIGH COURT DATED:01/09/2025 ORDER CRLP.No.10575 of 2025 J ) t1 ( I JAN ?[26 7 a ( '-:'.. DISMISSING THE CRL.PETITION. !x-