The High Court · 2025

Petition under Section 482 & 483 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to release the Petitioner/Accused No. 1on bail in connection with Crime No. 1282 of 2025 on the file of Narsingi Police Station, Cyberabad Commissionerate, Ranga Reddy District This Petition coming on for hearing, upon perusing the l\4emorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M.A. RAHEEM ,Advocate for the Petitioner and Sri. Arun Kumar Dodla the Assistant Public Prosecutor (TG) on behalf of the Sole Respondent. The Court made the following: ORDER THE HONOURABLE SMT. JUSTICE K. SII 'ANA CRIMINAL PETITION No.12945 of 2Oi,5 ORDER: This Criminal Petition is filed se eking I 1 r. Court to enlarge the pclitioner, on bail, who is arrayed rs accused in Crime No.1282 of 2025 of Narsingi Police Statio: Cyberab:rd Com missione r:r t e. '2. The briel' facts of the case are that on Oil ( 7.2025. thc Sub-[nspector of Police, Narsingi Police Stat rr r, rcccivcd credible information that one Chhogaram Vishn,r vas iltegally posscssing and consuming heroin powder and 1rr 1py stra\\'ilt his residence in YSR Colony, Neknampur VillzLgr . Basrng on the informatiorr, :r search was conducted in thr tresence o[ mcdiators, during which four packets of susl i:teC mixcd heroin por,,'der:rnd poppy straw wcre allegedly s( r:d frotn Lhc house. The colttraband, weighing a total of altoLt. 7O8 grams, along with a mobile phone was seized.

3. Heard Sri M.A. Raheem, learned counsel i: ,pearing orl behalf ol the pctitioner as well as Sri D. Arun Ku r ar, learned \ I I I I I I i i j I I I 2 sr{s,J Crl.P.No.12945 of 2()25 Additional Public Prosecutor appearing on behalf of the respondent - State.

4. Learned counsel for the petitioner submitted that no contraband was seized from the possession of the petitioner and that he was falsely implicated in the case based on a fabricated mediator's report- He further submitted that the alleged house search was conducted without a valid search warrant or proper authorization, in violation of the NDPS Act, thereby. vitiating the entire proceedings- He contended that the FSL report conhrming the nature and puriry of the seized substance was not produced, and the version of the prosecution was highly improbable. He contended that the investigation was substantrally completed, the petitioner had been in judicial custody since O3.O7.2025. Therefore, he prayed the Court to grant bail to the petitioner by allou,ing 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 3 SI(S,J Crl.P No.12945 of 2()25 with the evidence and may threaten the witness: i. Hence, he prayed the Court to dismiss the criminal petitior.

6. This Court, considering submissions mad( by both the learned counsel and reviewing the material rvailable on rccord, it is noted that the contention of the pctiri )ner that the case is false. fictitious, and fabricated, lhe case r ,rs rcgistered without following the due procedure. However. . Le Aclditional Public Prosecutor opposes bail citing commc -i ial quantity u.eighing 708 grams of heroin. At this stage, ir : pertinent to note Scction 37 of the NDPS Act, which reads as r nder: "3'l. Offences to be cognizable and non,baili ble. - (1) Notwithstanding anything contained ir1 the Code ol Criminal Procedure, 1973 12 of 197a) (a) every offencc punishable under this Act shirl be cognizable; (tr) no person accused of an offence punishairlr tor 1[offences under section 19 or section 24 or sic _ion 27A at:,d also for o{Iences involving comrr: cial quantityl shall be released on bail or on his rwn bond unless-- (i) tbe Public opportunity to rclease, and Prosecutor oppose the has been giverr an application for s rch (ii) u.here the Public Prosecutor opposes application, the court is satished that therr: reasonable grounds for believing that he i: 1 I t \ 4 SKS,J Crl.P.No.12945 of 2025 guilty of such offence and that he is not likely to commit any offence while on bait. (2) The limitations on granting of bail specified in clause (b) of sub section (l) are in addition to the limitations under the Code of Criminal procedure, 1,973 (2 of 1974) or any other law for the time being in force on granting of bail_"

7. In view thereof, Section 3Z oF the NDpS Act mandates that offences involving commercial quantities be non_bailable, requiring reasonable grounds to believe the accused is nol guilty and unlikely to commit further offences while on bai1. Given the serious allegations against the petitioner, this Court is not satisfied that conditions for granting bail under Section 37 are met. Therefore, the criminal petition lacks merit and the same is liable to be dismissed.

8. Accordingly, this Criminal petition is clismissed Miscellaneous applications, if any pending, shall stand closed SD/. P PONNA KRISHNA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER I I To,

1. The XXX Additional Judicial Magistrate of First Class Ranga Reddy at Rajendranagar..

2. The SHO Narsingi Police Station, Cyberabad Commissionerate, Ranga Reddy District.

3. One CC to SRl. M.A. RAHEEM Advocate [OPUC] ., 4 One CC to SRI PUBL|C PROSECUTOR Advocate [OLr ] fi Two CD Copies ,. I \ it4 m.'d 7n25 : HIGH COURT I \ DATED:2411012025 DISMISSED CRLP.No.12945 of 2025 \\ Ur/ \