The High Court · 2025

Petition under Section 480 & 483 of B.N.S S, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the petitioner/Accused No.2 on bail in COR.No. 51 of 2024, Police Station, Prohibition an Excise Station. Mahabubabad registered Under Sections B@ r/w 20(b) (ii) (C) of NDPS Act 1985 This Petition coming on for hearing, upon perusrng the tvlemorandum of Grounds of Criminal Petition and upon hearing lhe arguments of Sri h/ SALEENI, Advocate for the Petitioner and the Public Prosecutor for the State of Telangana on behalf of the sole Respondent. The Court made the following: ORDER THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAI PETITIOIT No.15Za5 of 2or24 ORAL ORDER: Seeking the Court to enlarge the petitioner, who is arrayed as accused No.2 in C.O.R.No.51 of 2024 of Prohibition and Excise Station, Mahabubabad, on bail, the present Crimina_l Petition is filed.

2. The brief facts of the case are that on 3O.O1.2O24, at 13:O0 hours, the complainant-police received information about the transportation of dry ganja near Mahabubabad railway station. Along with his team, he immediately informed his higher ofhcer, secured permission, and conducted a search and seizure operation. At the railway station, the police spotted a woman and a man carrying weighted bags, who attempted to flee. They apprehended the woman, Megha Rajender Rokade, and seized three bags containing

42.630 kg of dry ganja. During interrogation, Megha revealed that she and her accomplice, Vijay Bharat ., sKs'J crl.P.I{o.157a5 of 2024 Sadwarte, were transporting the dry ganja from Andhra- Odisha to sell in Pune at a significant profit' They seized tJle dry ganja, prepared a panchanama, and brought Megha and the seized property to the Excise Police Station, Mahabubabad, for further action'

3. Heard Sri M. Saleem, learned counsel appeanng on behalf of the petitioner as well as Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent - State-

4. The learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in the case and that the panchanama and remand report do not speciff the quantity of ganja seized from him, indicating that he was framed by officials for statistical purposes. He further submitted that the prosecution failed to follow procedures under the NDPS Act, rendering tl'e panchanama suspect. He also points out that the authorities failed to disclose which bag contained ganja was seized from him. The petitioner, a sole breadwinner for his minor children, requests bail on 3 sKs,J Crt.P.lto.l57a5 of 2024 humanitarian grounds, assuring the Court that he will not evade the law and is willing to furnish sureties and comply with any conditions imposed. 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 tJle pelitioner 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 tarnper with the evidence arrd may threaten the witnesses. Hence, he prayed the Court to dismiss the criminal petition.

6. This Court, considering submissions made by both the learned counsel and reviewing the material available on record, it is noted ttrat the contention of the petitioner that the case is false, Iictitious, and fabricated, the case was registered without following the due procedure. However, the Additional Public Prosecutor opposes bail citing commercia.l quantity approximately 42.630 kg of 4 sKs,J Crl.P.Ito. 157aS of 2024 dry ganja At this stage, it is pertinent to note Section 37 of the NDPS Act, which reads as under: "37. Offences to be cogrrizable and non- baitable. - (l) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 197a1,--(al every offence punishable under this Act shall be cognizable; (b) no person accused of an offence punishable for I [offences under section 19 or section 24 or section 27A and also for ollences involving commercial quantilvl shall be released on bail or on his ou.n bond unless-- (i) the Public Prosecutor has been given an opportunit] to oppose the application for such release, and (ii) where the Public Prosecutor opposes the application, the court is satisfied tllat ttrere are reasonable grounds for believing tJ.at he is not guilty of such oflence and that he is not likely to commit any o{fence while on bail- (2) The limitations on granting of bail specihed in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or 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 5 sKsr, Crl.P.ro'15785 of 2024 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 and pending cases against the petitioner' this Court is not satisfiedthatconditionsforgrantingbailunderSection 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- /iTRUE COPY// Sd/. A.V.S.PRASAD ASSISTANT REGISTRAR I C ON OFFICER To 1. The Station House Officer, Police Station Prohibition and excise Station , HitS:i:1f," pruri" Prosecutor' Hish court for the state of relansana at 3 6'r".,"cCI; bH'lrr snr-reM' Advocate [oPUC] 4. Two CD CoPies PR Hvderabad (OUT) \ % 1i{E s )4 ,( ( (: o o 2 0 FEB 20fr IO\\a=/ I-IIGH COURT DATED: 0710112025 ORDER CRLP.No.15785 of 2024 CRL.PETITION IS DISMISSED !D