The High Court · 2025

Thunam Aravind @ Advik, Sio. T. Srinivas Age 24 years, Occ Unemployed, R/o H,No.2-2-23l2'1 , Near It/aharshi School, Ambedkar Colony, Mahabubabad ... Petitioner/Acc used No.2 AND The State of Telangana,, Represented by its Public Prosecutor, High Court for the state of Telangana, Hyderabad, through Station House Officer, PS lS Sadan. ..RespondenUComplainant 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 Petitioner/ Accused No. 2 on regular bail in Cr. No. 155 of 2025 of Police Station lS Sadan on the file of the ll Additional Sessions Judge, Hyderabad on any condition and any other order which the court may deem fit and proper in the facts and circumstances of the case may be also passed in favor of the Petitioner/ Accused No. 2 in the interest of justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri PASHAM TRIVIKRAM REDDY, Advocate for the Petitioner and the Sri D,Arun Kumar, Additional Public Prosecutor on behalf of the Respondent The Court made the following: ORDER / THE HONOURABLE SMT. JUSTICE K. SUJ ANA CRIMINAL PETITION No.13818 OF 2O2 5 ORDER: This criminal petition is hled under Section '80 & 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for sh: -t 'BNSSJ by the petitioner/A.2 seeking his enlargement on barl ir connection with Crime No. L 55 of 2025 of IS Sadan P I ice Station, Hydcrabad-'lhc offcnces alleged against the petitrr I er are under Section 8(C) r/u'.2O (b)(ii)(C) of Narcolic Drugs antl Psychotropic Substances Act, 1985 (for short 'NDPS Act')

2. The cirse o[ the prosecution is that on credil ]: information that one person carrying Ganja in White colour I unclai Verna Car bearing No.AP 21 AN 6489, the police went t ) the subject place and intercepted the said car coming from Srr lar Ring road and found one person driving the car.. On enquir r, initially he gave eversivr: replies but on further questioning h,-' revcaled that he is carrying Ganja in the dickey of car whiclr was brought from C)disha to deliver at Dhoolpet and the szr 1 Ganja was seized lrom his possession totaling to 45.34 rgs. Hence, complaint ',r,a s lodged against the accused for the s aid offences. 2

3. Heard Sri pasham Trivikram Reddy, learned counsel for the petitioner and Sri D. Arun Kumar, learned Additional public Prosecutor appearing for the respondent_S [ate. \ .4. The contention o[ learned counsel for the petitioner is that petitioner is innocent of the alleged offences and he is falsely implicated in this case basing on the confession of A. I who was found in possession of Ganja. The petitioner is in jail from | 1 .O7 .2025 and he is ready to cooperate with the investigation and undertakes to abide by any conditions that may be imposed by this Court- Hence, prayed this Court to grant bail to the petitioner. 5 on the other hand, learned Additional public prosecutor opposed bail on the ground that the quantity involved in this case is commercial quantily and that petitioner is also involved in another crime and in view of rigor of Section 37 of NDpS Act, petitioner is not entitled for bail and requested this Court to dismiss this petition.

6. Considering the submissions made by the respective counsel and the material placed on record, it is seen that 45.34 kgs of ganja was seized in this case which is a commercial quantity. Thc petitioner herein is also involved in other crimes for the same offences. Though petitioner is in jail from / 3

11.07.2025, it is not a ground to grant bail to the ; :titioner. At this stage, it is pertinent to note Section 37 of tll: NI)PS Act, and the samc' reads as under : "37. Offcnces to be cognizable and non-bailab t (1) Notwithstanding anything contained in t I Code of Criminal Procedure, 1973 (2 ot 1974\. (a) cven' offenc:e punishable under this Act sh 1 , l;e cognizable; (b) no person accused of an offence punishal;l : tbr I loffcnces under section 19 or section 2'1 c - scction 27A and also lor offences involvrr ; commercial quantityl shall be released on ia 1 or or-r his orvn bond unless'- (i) the l'ublic Prosecutor has been given i'1 opportunit]' to oppose the application for st < r release, and (ii) rvhere thc Public Prosecutor opposes I e application, the court is satis.red that there r e reasonable grounds Ior believing that he is r rt guilty of such offence aIId that he is not likeh o commit any offence while on bail. (2) 'lhe limitatrons on granting ol bail speci i d in clause (b) of sub-section (1) are in arlditiorr .o ttre limitations under the Code of Cnm r rl Procedure, 1973 12 of 1974) or any other las )r the trme berng in force on granting of bail."

7. In view thereof, Section 37 of the NDPS Act r iandates that offences invoJving commercial quantities be noll-bailable, requiring reasonable grounds to believe that lhc r ccused is not guilty and unlikcly to commit further offen(]es u I ile rln bail. In 4 the facts and circumstances of the case on hald, this Court is not satisfied that conditions for granting bail under Section 37 are met. Therefore, the Criminal petition racks merit and the same is liable to be dtsmissed. 8 Accordingly, this Criminal petition is dismissed. Miscellaneous petitions, if any, pending shall stald closed //TRUE COPYII SD/- M.NAGAMANI ASSISTANT REGISTRAR G SECTION OFFICER To,

1. The ll Addtinal Sessions Judge Hyderabd. 2. The Station House Officer, l.S.Sadan Police Station, Hyderabad. 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT] 4 One CC to SRI PASHAM TRIVIKRAM REDDYAdvocate [OpUC] 5. Two CD Copies w NVB/PSL HIGH COURT DATED:101'1112025 ) r]l tt:' |.. ,,'),' .i.. !4 t i "'.qn ORDER CRLP.No.13818 o12025 DISMISSING THE CRIMINAL PETITIONl 1 1A