The High Court · 2025

The State of Telangana, Represented by its Public Prosecutor, High Court for the state of Telangana, Hyderabad, through Station House Officer, PS Mokila ... RESPON DENT/GOMPLAI NANT 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 Petitioners/ Accused No. 1 & 2 on regular bail in Cr. No. 217 of 2025 of Police Station Mokila on the file of the Hon'ble Court of l-Additional District and Sessions Judge, Rangareddy District, at LB Nagar 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 Petitioners/ Accused No. 1 & 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 Sri. Arun Kumar Dodla the Additional Public Prosecutor (TG) on behalf of the Sole Respondent. The Court made the following: ORDER \ THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.1.4557 of 2O2S ORDER: This Criminal Petition is filed seeking the Court to enlarge the petitioners, on bail, who are arrayed as accused Nos.l and 2 in crime No.2 77 of 2o2s of Mokila police Station, Cyberabad Commissionerate, on bail, the present Criminal Petition is filed.

2. The brief facts of the case are that a complaint received on O8.O7.2O25 at 15:3O hours from the Sub-.Inspector of Police, Mokila PS, stating that he had received credible information about four persons transporting ganja near Brindavan Venture, Kollur Gate. Basing on the information, he secured mediators, the Clues Team, and police staff, proceeded to the spot, and intercepted four individuals carrying backpacks. on checking their bags in the presence of mediators, a total of 38.023 kilograms of ganja, five mobile phones, and Rs.2,O00/- cash were seized under panchanama. separate confessional and seizure panchanamas were 2 sKs,J Crl.P.No.14557 of 2o25 recorded, and the accused were arrested and brought to the police station.

3. Heard Sri Pasham Trivikram Reddy, learned counsel appearing on behalf of the petitioners as well as Sri D. Arun Kumar, learned Additional Public Prosecutor appearing on behalf of the respondent - State.

4. Learned counsel submitted that the petitioners were falsely implicated and had no connection with the alleged offence and that they were respectable citizens with clean antecedents, permanent residents of the locality, and there was no possibility of their evading trial. He further submitted that no further investigation or custodial interrogation was required and no recovery was pending at their instance. Therefore, he prayed the Court to grant bail to the petitioners by allowing this criminal petition.

5. On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioners stating that the petitioners are the drug peddlers. He further submitted that the investigation is in progress and 3 sl(s,J Crl.P.IIo. 14557 of 2O25 if the petitioners are released on bail, at this stage, they may tamper with the evidence and may threaten the witnesses. Hence, he prayed the court to dismiss the criminal petition. 6- This court, considering submissions rriade by both the learned counsel and reviewing the material available on record, it is noted that the contention of the petitioners that the case is false, fictitious, and fabricated, the case was registered without following the due procedure. However, the Additional Public Prosecutor opposes bail citing commercial quantity weighing 38.o23kg of ganja. At this stage, it is pertinent to note section 3T 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 L974l,--(al every offence punishable under this Act shall be cognizable; (b) no person accused of an offence punishable for l[offences under section 19 or section 24 or section 27A and also for offences involving commercial quantityl shall be released on bail or on his own bond unless-- (i) the Public Prosecutor has been grven an opportunity to oppose the application for such release, and { I \ \\ 4 sKsrJ Crl.P.No.14557 of 2O2S (ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of 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 Ptocedure, 1973 (2 of 19741or any other law for the time being in force on granting of bail."

7. In 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 guilty and unlikely to commit further offences while on bail. Given the serious allegations against the petitioners, 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 dismissed. Miscellaneous applications, if any pending, shall stand closed. \ To, //TRUE COPY/ SD'- A.JAYASREE ASSISTANTREGISTR.AR a- SECTION OFFICER /

1. l-Additional District and Sessions Judge, Rangareddy District, at LB Nagar 2. The Superintendent, Central Prison,Cherlapalli, Medchal Malkajgiri Distirct. 3. The Station House Officer Mokila Police Station, Ranga Reddy District. 4. One CC to SRl. PASHAM TRIV|KRAM REDDY Advocate [OPUC] 5. Two Copies to PUBLIC PROSECUTOR, H igh Court for the State of w 6. Two CD Copies ,-**f,+:s--.*- -- Telangana at Hyd erabad lourl HIGH COURT DATED:2411112025 / J f, O) Eo'u- {t: lrJ- s s \ h CRLP.N o.14557 ot 2025 t I,t * CRIMINAL PEITITION IS DISMISSED.