Hyderabad High Court · 2025

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 Cr No. 166/ 2025, registered by the Golconda P.S. Hyderabad on any condition as this Court may deem fit and proper in the present circumstances of the case. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Saksham Gogia, Advocate for the Petitioner and Sri D. Arun Kumar, learned Additional Public Prosecutor on behalf of the Respondent. The Gourt made the following: ORDER i I i / THE HONOURABLE SMT JUSTICE K. S.I JANA CRIMINAL PETITION No.11585 of2(25 ORDER: This Criminal petition is Iiled for grant rf bail to the petitioner who is arrayed as accused No.3 in Crinrr No. 166 /2025 before the Golconda police Station, Hyderabad, rr6 istered for the offences punishable under Sections 8(c) read with : 2(c), 22, 2Z (a) and 29 of NDPS Acr

2. The brief facts of the case of prosecution r,: .olves around seizure of 190 gms of cocaine from the possess r n of accused persons, including petitioner, and arso seizure r,r celr phones. Pleading that petitioner is no way connected to t te offence as alleged, this criminal petition is filed.

3. Heard Sri Saksham Gogia, learned counsel I rr petitioner, and Sri D. Arun Kumar, learned Additional publ.: prosecutor appearing for respondent _ State.

4. Learned counsel for the petitioner submit t :d that the petitioner denies a1l allegations and claims to havr_. been falsely implicated, having committed no offence. He conte I led that the j I 2 sKs'J crl.P.No.115as of 2025 t petitioner undertakes to make himself available to the investigating officer whenever required, in order to facilitate proper investigation of the present crime, and that the petitioner is ready to abide by any conditions that may be imposed by this Court. 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 allegations leveled against the petitioner are serious in nature and informed the Court that the petitioner is resident of Mumbai, Maharashtra and other accused are absconding. Hc furthcr submitted that the commercial quantity of 192 grams of cocaine is involved in this case' Therefore, while advocating that the matter requrres investigation, he prayed the Court to dismiss the criminal petltlon

6. Having regard to the rival submissions made and on going through the 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 transportation of cocaine to needy people and all had cocaine in their possession. That being so, at 3 SKS,J CrL. '.Ho.I15ES of2025 this stage, it is pertinent to note Section 37 ol t re NDPS Act' which reads as under (l) "37. Offences to be cognizable and non bailabl' ' Nolwithstanding anything contained rn the ( ( le ()f Criminal Procedure, 1973 12 of 197al, -(al everv r -fence punishablc under this Act shall be cognizable: (b) no person accused of an offence punish?:l le f()r 1[offences under section 19 or section 24 ot sect ( n 274 and also for offences involving commercial q..l tntitv] shall be released on bail or on his own bond ttnl ' s-- (i) the Public Prosecutor has been given an oppl tunltv to opposc thc application for such release, and (ii) u'here the Public Prosecutor opposes the appli ration, the court is satisfied that there are reasonablt: 3 ounds for betieving that he is not guilty of such oller t attd that he is not tikely to commit any offencc while I n bail. (2) The limitations on granting of bail specified jo clause (b) of sub section (l) are rn addition to the 11rr ations uf)der the Code of Criminal Procedure, 1973 (2 c 19741 or an-\-other law for the time being in force otr s anting of bail." t (

7. From the above extracted portion, it is t:l: lr that Section 37 of the NDPS Act mandates that offences invo r ng comrncrcial quantities be non bailable, requiring reasonat le grounds to l l \ \ x *fI - 4 sr(s,J Crl.P. o.l lsas of 2025 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. That apart, with regard to the health condition of the petitioner, it is seen that medical reports of petitioner are filed stating that his health condition is good ard proper care is being taken.

8. ln 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 Miscellaneous applications, if any pending, shall stand closed To, /ffRUE COPY// SD/. L. LAKSHMI BABU DEPUTY REGISTRAR /4\ -.,' SECTION OFFICE R 1 . The XVll Additional Chief Judicial Magistrate at Hyderabad ' 2. The Station House Officer, Golconga Police Station' Hyderabad District

3. One CC to Sri Saksham Gogia, Advocate [OPUC]

4.TwoCCstoPublicProsecutor'HighCourtfortheStateofTelangana (our)

5. Two CD CoPies BJLB d l HIGH COURT Y DATED:17l09/2025 ORDER CRLP.No.1 1585 of 2025 CRIMINAL PETITION IS DISMISSED (-)o ( t '( I IAS I4: j' [N )i'78 i 9' 1 /)5 .. -.-, e-'l'