The High Court · 2025

THE I:IONOURABLE SMT. JUSTICE K. Sir IJANA CIUMINAL PETITION No. 13947 of 2(25 ORDER: This Criminal Petition is {iled under Sec: rns 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) b1'the petitioner/ accused No.3 seeking bail in C. 2025 of Prohibition and Excise Police St:: Mcdchal- Malkaj giri District registered for ).R. No.96 of -ion , Uppal, the offence punishable under Section 34(a) of T.S. Ex: se Act and Sections 9(a) read wirh 25, 25(a) and 29 of the Irtr rcotic Drugs And Psychotropic Substances, Act, 198S (for short'NDPS Ac t') .

2. The bnef facts of the case are that, on l.i

09.2025, on reliable inforrnation, the complainant conducted z n inspection and entered t.he premises where Accused No.l aI other persor s were found present. Upon s,_, rng with Iive rrch of the premises, tw,t loaded black plastic covers cont Lining whitc colour suspic:ious powder were recovered. On ", porvder was found to be 1 1.464 kilograms eighing, the tnd 15.546 kilograms res;pectively. Additionally, the auth: -ities seized 2 SI(S,J Crl.P. o.13947 of2025 one bottle of Acetic Anhydride (2OO mi), three glass bottles of Methanol (1 liter, 200 m1, and 5OO ml), two glass bottles of Ethanol (250 ml and 1OO m1), and one large bottle of Thionyl Chloride containing 2500 ml. Upon enquiry, Accuscd No.3 confessed that the chemicals were used for the synthesis of Ephedrine from 2-Bromopropiophenone, and further for the preparation of Methamphetamine from Ephedrine using Thionyl Chloride. Consequently, all contraband rvas seized from the possession of Accused Nos. 1 to 6, and a criminal case was regis[ered against them.

3. Heard Sri P. Animi Reddy, learned counsel appearing on behalf of the petitioner as well as Sri D. Arun Kumar, learned Additional Public Prosecutor appearing for respondent - State.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated and no recovery was made at the instance of the petitioner, and he has been in judiciat custody since 13.09.2O25. He further submitted that the investigation has been completed except for the filing of the charge sheet, and the petitioner has no prior criminal antecedents. Therefore, he prayed the Court to grant bail to the petitioner by allowing this criminal petition. 3 SKS,J Cr . .No.13947 of 2025

5. On ttre other hand, the learned Adc i .ional Public Prosecutor r>pposed the submissions made b1 the learned counsel for tl-re petitioner, stating that the contraband involved constitutes a commercial quantiqy z nd that the investigation is still in progrcss and the Fotr nsic Science Laboratory (FSL) rcport is awaited and if thc petitioner is releascd on bail, at this srage, he may tanr rer rvith the evidence ani mav threaten the witnesses. In vi: v of the rigor of Section 37 of the NDPS Act, the petitioner is r ot entitled to the grant oi bail. I{ence, he prayed the Court :, dismiss the criminzrl peti -ion.

6. Considerir-rg submissions made by botlL the learned counscl and revicu,ing the material available o I record, it is evident that the seized contraband includes substantial quantities of suspected narcotic substances an I chemicals. The confessi,tn of the petitioner regarding the synthesis of Epheclrine and Methamphetamine further impli ates him in [he offence. '[hc quantity involved is commercia,, and the FSL report is l/et to be received. Section 37 of t-t: NDpS Act imposes stringent conditior-rs for granting t z il in cases 4 SKS,J Crl.P.[o.13947 of 2O2S involving commercial quantities. At this stage, it is pertinent to refer to Section 37 of the NDPS Act, which reads as under: "37. Offences to be cognizable and non-bailable. - (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),--(a) every offence punishable under this Act shall be cognizable; (b) no person accused of an offence punishable for I [offences under section l9 or section 24 or section 27 A anird also for offcnces involving commercial quantit!'l shalt be released on bail or on his own bond unless-- (i) the Pubtic opportunity to Prosecutor has been given an oppose the application for such release, and (ii) where the Public Prosecutor oPPoses the application, the court is satisfred that there are reasonable grounds for believing that he is not guilty o[ such offence and that he is not likely to commit any offence while on bail. (2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 197 4l or any other law for the time being in force on granting of bail.' 7 . [n view thereof, Section 37 of the NDPS Act mandates that offences involving commercial quantities be non-bailable, requiring reasonable grounds to believe the accused is not I I I l i I I I ! I l i i I i I t I j I '-i- ..l.. To, 5 SKS,J .No.13947 of 2O2S Cr guilty and L nlikel)' to commit further offences ",hile on bail. Given the serious allegations against the petitio'r :r, this Court is not sa[isfi.:d that conditions lbr granting bzril r inder Section 37 are met. Therefore, the criminal petition lrrc ks merit zrnd the same is liable to be dismisscd. B. Accordingly, this Criminal Petrtion is dism.: sed Miscellancous applicatior-rs, pending if an5, shall stand closed. SD/- C DEEPIKA ASS I }TANT REGISTRAR r --7 SECTION OFFICER I i/TRUE COPY// .1 . The ll Additiona Junior civil Judge-cum-Vl Additional ..Ju licial lr,4agistrate of Frrst Class, Medchal-lr/lalkalgiri District at LB Nagar

2. The IAdditional District and sessions Judge, Medchal l4 tlkajgiri District at Kushaiguda

3. The St;tion House Officer. Prohibrtron and Excise Polic: Station, Uppal, tvledchal-Ma lkal 3 iri

4. The Superintencie nt, Cherlapally Central Prison, Medch 2 -Malkajgiri District 5. Two CCs to Put,lic Prosecutor, High Court for the State < f Telangana at Hyderabad [OLT]

6. One CC to Sri F Animi Reddy, Advocate IOPUC] 7. Two CD Copies ABK Y* I I I l I i I I i l I i ! I ! I i I i I i ! I I i : I I ! I i I I I I I I I i HIGH COURT DATED: 1211112025 ORDER CRLP.No.13947 of 2025 /i 1 L;: T |. DISMISSING THE CRIMINAL PETITION Polo \o coq' )"r*tr ,,3"'