The High Court · 2025

The State of Telangana, Through Station House Officer, Rep_ by its public Prosecutor, High Court of Telangana, Hyderabad. Golconda police Station, Dist. Hyderabad. ...RESPONDENT 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 on bail in Crime No. 166 of 2025 of Golconda Police Station, Hyderabad, for the offences under Sections g(c) rlw 22(c), 27, 27(A), and 29 of the NDPS Act, 1985, considering his medical condition and that of his parents. This Petition coming on for hearing, upon perusing the fMemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri. p. VIKASRAJ, Advocate for the Petitioner and the Sri. D. Arun Kumar, Additional Public Prosecutor on behalf of the Respondent. The Court made the following ORDER -7=7 THE HONOURABLE SMT JUSTICE K' SUJAHA CRIMINAL PETITION No' 11189 of2O25 ORDER: This Criminal Petition is filec1 for grant of b'ril to the petitioner who is arrayed as accused No 4 in Crime No 16612025 before the Golconrla Poiice Station' Hyderabad' regis.'ercd for the offences punishabie under Sections 8(c) read r,l,ittr 22ic). 27, 27 \a) and 29 ol NDPS Act' The briei iacts of the casc of prosecution rev rives around .' of :rccused

2. seizure of 190 gms of Cocaine from lhe posscssio persons, inctuding petitioner' and also selzure Pleading that petitioner is no waJ' conneci'jd Lo alle ged, this criminal petition is liled' of r:cil Phones L r': c ft-ence as 3 HeardSriP'Vikasraj,iearncdcounscilori.tritioner,and D. Arun Kumar, Iearned Additional Public' Prose cutor Sri appearing ior resPondent - State Learncd counsel for the petitioner subrr'ittcd that the 4. petitioner de nies all allegations and claims fa1;e implication' having committed no offence' He contenderl th 't pctitioner is 2 suffering from acute coronary syndrome, a life threatening cardiac conditkrn, rcquiring urgcnt and continuous medical care. He further contended tha t thc lather and mother of petitioner are also suffering u,ith scrious heart ailmcnts and are dependent on him. Therefore, hc praved the Court to grant bail to the petitioner by allou'ing this crimirral peiilior).

5. On the other hand, letrrned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating Lhat the allegatrons leveled against the petitioner are serious in nalurc and informed the Court that lhe petitioner is resident of Mumbai, Maharashtra and other accused are absconding. He further submitted that the commercial quantity of 192gms ol cocaine is involved in this case. Therefore, while advocating that the matter requires investiga[ion, he prayed the Court to dismiss lhe criminal pelition. I , I I I :

6. Having rcgard to the rival sr.rbmissions made and on going through thc material placed on record, it is noted that as per remand case diary, all the accused persons are drug peddlers and are involved in selling and transporlation of cocaine to needy people ald all had cocaine in their possession- That being so, at i..r- ,a-":.. t 3 this stage, tt ts pertincnt to note Section 37 of tht llD[)S Act' which reads as lt ncler "37 Oftcnt:es to bc cognizable an(l non l)ailal)le Not\\ithslanding arlvthing contained irt thc Cotl' )l Crimin.rl Pro, e,lrtrr-, lqT i {2 of lqTl) -{-l ercrr ' l' r' ' pr.rnishalrlc ltnder thrs Act shall be cognizablc: {b) no person accused of an offence punistr:ririr lloftenct's under section 19 or section 2'+ or s('cti'lir l and also lor offcnt:es irtvolving commt'rt:ial qr-r'r l't\ slrall lrc rcleascd on bail or on his own bond utrless l)rosccutor has been given an ol)pol1 lilir\ (i) the t'(rbli( to opl)()s(r thc application for such release' ancl (ri1 rvhcrc the Public Prosecutor opPoses the ilppltt iLiorr' tlrc colrrt is satisfied that there 211s 1s256nallle gl 'rr ncls for bt:lieving that he is not guilty of such offe|tl' an<l that ht: is not tikety to commit any offence rvhiie o r oatl' (21 Th(' limrtations on granting of bail specifiecl ir r cla'-lsc (l)) ()t sLrb'scction (l) are in addition to tht: linri irLiorts unde. lhe Code of Criminal Procedure' 197312 L' 971 or. n\ olhcr lart for the rime being in forcL or " "'nrirr:' of bail. ''

7. From thrr above extracted portlon' 37 of the NDI'S Act mandates that offences invol" i:rg c()mmercial quantities bc non-bailable, requrrtng reasonable grounds to it is t:lt lLr th:rt Scctton 4 }$: believe the accused is not guilh' and unlikely to commit further offences while on bail. (iiven the serious allegations against the petitioner, this Court is not satisfied that conditions for granting bail undcr Section 37 arc met. That apart, r.vith rcgard to the health condition of the pctitioner, it is seen that medical reports of petitioner are filed stating that his health condition is good and proper care is being t:rken.

8. In light of the above discussion, this Court is of the opinion that there are no merits in this criminal petition to grant bail to the petitioner and the same is liable to be dismissed.

9. Accordingly, this Criminal Petition is dismissed Irliscellaneous applications, if any pending, shall stand closed Sd/. A. JAYASREE STANT REGISTRAR //TRUE COPY// CTION OFFICER To,

1. The ll Additional Sessions Judge Hyderabad' 2. The XVll Addl. Chief Judicial Magistrate at Hyderabad' 3. The Station House Officer, Police Station Golconda, Hyderabad District' 4. One CC to Sri. P. VIKASRAJ, Advocate IOPUC]' 5.TWoCCStoPUBLICPRoSECUToR,HighCourtfortheStateofTelangana at Hyderabad [OUT]. TTS

6. Two CD CoPies. HIGH COURT DATED: 1610912025 ORDER CRLP.No.1 1 189 of 2025 o q 1iv CRIMINAL PETITION IS DISMISSED ^c"P*nVt.t t (.,6 --\\o'- --::a I4r ( a.',. {tr t{[\J 2025 -ii , ,/ ,, {-!i-1)_ ' ,-:;.. " -:-;;;:"2