Romi Bharat Kalyani v. The State of Telangana

Petition under Section 480 & 483 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused on bail in connection with Crime No. 135 of 2025 dated 13/06/2025 on the file of the PS Golconda, Hyderabad Central District, Telangana arraying the Petitioner as the Accused No. 3 under sections 8c,22(b),22(c),27 A,29 ot the Narcotic Drugs 86 Psychotropic Substances Act '1985 and be pleased to pass. This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Omar A, Pasha ,Advocate for the Petitioner and Sri D. Arun Kumar, learned Additional Publlc Prosecutor on behalf of the Respondent-State. The Court made the following: ORDER THE HONOURABLE SMT JUSTICE K. SU. ANA CRIMINAL PETITION Ito.116O5 of 2Oi 5 ORAL ORDER: Seeking the Court to enlarge the petitioner, r ,ho is arrayed as accused No.3 in Crime No. 135 of 2025 of (i ,lconda Police Station, Hyderabad, on bail, the present Criminal I)r. it ion is Iiled.

2. The bricl'lacts of the case arc that on 13.06.-tr 25, basir-rg on credible information about drug peddling, the pr-, i t:, lrkrng with mediators ancl Clues team, conducted a raid at Plot Jo.37, H.No.8- l-681A/ 37 / 1, Vinayak Nagar, Shaikpet, Hl c :rabad, and apprehended five persons. During their personal ;earch in the presence of a Gzrzetted Officer, the police seized t ) 5O grams of Cocaine, 46.4O grams of MDMA, 19 grams of Ecsras , pills, slx cell phones, and Rs.4O,0O0/- cash.

3. Heard Sri Omar A. Pasha, learned counse appcarlng on behalf ol the peritioner as well as Sri D. Arun I.. rmar, learned Additional Public Prosecutor appearing for respondcr State.

4. Learned counsel for the petitioner subrn I r-'d that the petitioner, arrayed as accused No.3, was falsely imr i ::lted and had eariier becn rlenied bail by order dated 22.O8.2a. I of the trial Court, u'hir:h mcrely copied the prosecution's ,,-,r lnLer wit.hout '); Jq- L z +!tEt \ -r- \! SKS'J Crl.P.No.l1605 of 2()25 i \.1 considering his submissions. He further submitted that the petitioner was previously kidnapped by police from Goa in an earlier false case in Crime No.282 of 2024, for which he had filed a writ petition before the High Court, and a similar illegal arrest was made in the present case. He contended that though the petitioner was alleged to have possessed only 19 grams of MDMA, the investigation was completed, he had been in custody since

13.06.2025, and no further custodial interrogation was required. He contended that the grounds relied on, such as his being a native of Goa and having a prior history, were unfounded, violative of Articles 14 and 21, aod based on fabricated cases. Therefore, he prayed the Court to grant bail to the petitioner by allowing this criminal petition.

5. On the other hand, 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 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 submissions made by both the learned counsel and reviewing the material available on record, it \ 3 sxs,J Crr.l .No.11605 of 2025 is noted that the contention of the petitioner that the case is false, hctitious, and fabricated, the case was registered u i .1 out following the due procedure. However, the Additional Pub[ c Prosecutor opposes bail citing commercial quantity weighing 3( .9O grams of MDMA and 19 grams of ecstasy pills. At this stage. t is pertinent to note Section 37 of the NDPS Act, which reads as ur der: ( ( "37. Offenoes to be cognizable and non-bailabLe - (1) Not\r,ithstanding an-vthing contained in the Cr,r: o1 Cnminal Procedure, 1973 12 of \97a1,--lal ever,y ,)l 'ence punishable under this Act shalt be cognizable; (b) no person accused of an offence punishat,l for 1[offences under section 19 or section 24 or secti(r '27A and also for offences involving commercial quantit\ ] shalL be relcased on bail or on his own bond unless-- (i) the Public Prosecutor has been given an opportur ty to oppose the application for such release, and (ii) \a here the Public Prosecutor opposes the applir tion. the court is satisned that there are reasonable grt rnds for beiieving that he is not guilty of such offence eu ( that he is not likell' to commit any offence while on bail. (2) The limitations on granting of bail specilted in c ause (b) of sub-section (1) are in addition to the limi i ,ions under the Code of Criminal Procedure, 1973 (2 of 1(1 4) or any other lau for the time being in force on granit rg of bail."

7. In view thereof, Section 37 of the NDPS Act r andates that offences involving commercral quantities be non-baile ole, requiring reasonable grounds to believe the accused is rt t guilty and 4 SKS'J Crl.P.no.11605 of 2025 lrrI\*-1 ^'I .l unlikely to commit further offences while on bail' Given the serious allegations against the petitioner, this court is not satisrled that conditions for granting bail under Section 37 are met Thcrefore, the criminal petition lacks merit and the same is liable to be clismissed 8 Accordingly, this Criminal Petition is dismissed Miscellaneous applications, if any pending, shall stand closcd /ITRUE COPY'/ SD/- A.H.S. GOWRI SHANKAR ASSTSTANT,REGISTRAR ,/(7 SECTION OFFICER To, 1 2 3 4 5 The Court of the ll Additional Sessions Judge at Hyderabad' fn" iVif Additional Chief Judicial Magistrate at Hyderabad' in" C"rtt oinaetropotitan Sessions Judge, Nampally at Hyderabad' rne station House officer, Golconda Police Station, Hyderabad District. One CC to Sri Omar A. Pasha Advocate [OPUCI i*o ccs to the public prosecutor, High court for the state of relangana, Hyderabad [OUT]

7. Two CD CoPies AMD/gh a. HIGH COURT DATED:16/0912O2s ORDER CRLP.No.11605 of 2025 a I ES i1 -) 1 .AN ?rrD o(J ( * DISMISSED THE CRL.PETITION. $o