The High Court · 2025

Petition under Section 480 & 483 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to release the petitioners on bail in on Cr.No 4812025, Prohibition Excise Uppal police station This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Ravuri Sai Sumanth, Advocate for the Petitioner and Sri Arun Kumar Doddla, Additional Public Prosecutor on behalf of the Respondent state. The Court made the following: ORDER I f i I i l I t i I i I i THE HONOURABLE SMT. JUSTICE K. SI--. ANA CRIMINAL PETITION No. 1O791 OF 2C,: 5 ORDER: The prescnt Criminal Petition is filed prayir.l: rhis Cotirt t'J enlarge the petitioner, u,ho is arraved as :icr--usecl .{ ;.I on bail, u'r Crime No.48 <tf 2025 of the Uppal Pr,-rtribition Dxcis'r rolir:e Skrtron, Medchal MtLlkajgili Distric-r, rcgisi;r-ed lol the offt'- :: punisirerblc undcr Section 8(c) r lw, 22 (.-:) oi thc Narco t D i'.tg1s ar rcl Psycirotropic Substances r\.ct, 198.,

2. The casc of thc plosecuttion is Lirat on 12.06., )25 Lascd ol reiiable inforn'.ation, the Lip,lrai Irrcihibition a:tc l:)xcisc Polic: conducted a raici and scrzed 21 ..35 grarns ci ltiI 1,4A. l-rr'.,rn the possession of the accused. The sarci drugs ihll unr ( r'thi-' caltgon of commercia.l quantity ancl a cdse rt as regisLerr e i agalnsi the accused for the said offence.

3. Heard Sri Ravuri Sai Sumanth, learned CCri i, sei appcaring for the petitioner and Sri Arun Kun-iar Doddla, 1ca r reci Add itional Public Prosecutor appearing on behalf of t1're respond :nt StaLe.

4. The contention of the learned counsei for i . ' pe Lirioner is that the petitioner has becn in j.rdicial custody sir,, c 12.06.2025 2 SI<S,J Crl.P.I{o.1O791 of2O25 He further submitted ihat *Ie investigation has becn completed, and continued detention is causing undue hardship to the petitioner's famil1,. He also submittcd that there arc no criminal antececlents pending agairist the pctitioiier. Thtrcfore, he prayed the Court to lirant barii to thc petitroner by allot'ing this criminal pe tition.

5. On the other hand, the learned Additional hrblic Prosecutor opposed the submissions made b)' the learned r:otlnsei for the petitioner stating that rhe alleged contrab:rnd ttl','oh'ecl in this case amount to 2 1 .35 grams ol NID\'IA, u'hich consl it':tcs a commercial quantity. Ile further submitr-ei iilat ihc iirvesiigation is iir progress' and if the petitioner is relcased on bail at this'st:rge, he may tamper rvith rhe evidencc and threatcn the rviLtlesses. l{ence, he prayed to the Court to dismiss the crimir-iai petition.

6. Having regard to the rival sublrilssions mercle b1' both the partres and upon perusal of the material placed on record, the main submission of the learned counsel for thc petitioner contended that the petitioner has been in judicial custody since L2.O6.2025, causing undue hardship to his family. However, the learned Additional Public Prosecutor opposes thc grant of bai1, citing that a commercial quantity of 21.35 grams of MDMA drug ::::1',-143 I I ; l I 3 SKS.J ( r P.No- 1()791 of 2025 was recovered from tlre pctitioner. At this stagc, ,s Perbncnt Lo refer to Section 37 of the NDPS Act, which reads e1s ,. rde r ''37. Oi-fenr:es to be cognizable and non b:,rilal-i (l) Notwithstanding anything contained in ihe (l:ic of Criminal Proccdure, 1973 (2 ol 1974), (a) cvcri []cn<.t: punishable under this Act shail be cognizable; {b) no person accused of an offence prLnis}r: I c lor 1[offences under seciion 19 or section 24 or st:()r r r 27A and also lor offcnces involving commercral qLLanii \ shall be released on barl or on his os,n bond nnicss (i) the Public Proseculor has trccn glven ar-, .rilpol i l rt,\ lo oppcse the application for such rclr:ase, ald 1ii) ,,vhere the Public Prosecutor opposes the apP i r..rioi1. ihe collrt is satished that therc are reasonable .; r'.rtrrls ior beljevinq that he is not guilti- of such oflence .1 i itriLi he is not likelv to commit any offence while on baii (2) 'l'he limrtations on Elranting of bail specrliecl r i.lisc (b) ol sub scction (i) are in addition to the Iirii r iol]s under the Code of Criminal Procedure, 1973 (2 of t 7 l) r,r any other lar,r. for the time being tn forcc on gra.t itq oi bail."

7. In vieu' thereof, Section 37 of the NDPS Act randatcs that oflcnces involving commercial quantlties be non-bir I Lblc " requiring reasonable grounds to believe that the accused is ro t guilty and unlikely to commit further offences while on bail. (] r in the serious allegations against the petitioner, this Court is n c t satrsfied that conditions for granting bail under Section 37 are r et. Theretbre, 4 SKS,J crt.P.No.1o791 of 2025 th'e criminal Petition lacks nrcrit ancl r-hc same IS llable to bc clismissed a Accordingil', this Criminai Pe[irion rs clisrnisst:d \4iscellaneous applicatrons, if anv penCing' sha11 stand closed \ SD/. P.PONNA KRISHNA ASSISTANT REGISTRAR //TRUE COPY' TION OFFICER To,

1. The I Additional District & Sessions Judge-cum-Metropolitan Sessions Judge, Medchal-Malkajgiri District at Kukatpally.

2. The ll Addl. Junior Civil Judge -cum- Vl Addl. Judicial Magistrate of First Class, Medhcal-Malkajgiri District at L.B.Nagar.

3. The Station House Officer, Prohibition & Excise Uppal Police Station, Medhcal-Malkajgiri District.

4. One CC to Sri. Ravuri Sai Sumanth, Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court for the State of Telangana. [OUT] 6. Two CD Copies YJR /PSL ?A- HIGH COURT DATED:1 510912025 ORDER CRLP.No.10791 ot 2025 l: '.,: .-: i \' I ti:; f.!fr \' ''l i DISMISSING OF THE CRIMINAL PETITION. tp- Illru