The High Court · 2025

State of Telangana, represented by p.p for the High court of Telangana ...Respondent Petition under Section 480 & 4g3 of crrcumstances stated in the Memora High Court may be pleased to releas 2024 of Rajendranagar police Station, enquiry and trial BNSS praying that in the ndum of Grounds of Criminal petition, the e the petitioner/A6 on bail in Cr.No.907 of Rangareddy District pending investigation, This petition comir 9 for hearing, upon perusing the Memorandum of Grounds of criminal petiti on and upon hearing the arguments of Sri p. prabhakar Reddy' Advocate for the petitioner and the pubric prosecutor (TG/Ap) on beharf of the Respondent. The Court made the following Order:_ i I I I I l THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No. 16316 of 2024 ORAL ORDER: Seeking the Court to enlarge the petitioner, who is arrayed as ac,:Ltsed in Crime No.9O7 of 2024 of Rajendranagar Police Station, Cyberabad Commisssionerate, on bail the present Criminal Petition is fi1ed. The btit:f facts of the case are that on 10'O9t'2O24, police 2. receivecl creclible information that Iive individuals were transporting ganja in two Ertiga vehicles The police intercepted the vehicles and found 125 packets ol ganja weighing app,roximately 258.389 kg. The acct: sed revealed that they ha<l purchased the ganja from Raju Das in Araku and were trarlsporting it to Mumbai ancl Uttar Pradesh They also confesse,l to previously selling ganja to Amit Singh The police seized the ganja, two vehicles, a countn''-made pistol with 11 live r-ounds, and seven mobile phones The act;used were arrested, and a case was registered against lhem'

3. Hearcl Sri P. Prabhakar Reddy, Iearned counsel appearing on behalf of the petitioner as well as Sri Syed Yasar 2 srs,J Crl,P.I{o.16A16 of 2024 Mamoon, learned Additional public prosecutor appearing for respondent - State

4. Learned counsel for the petitioner submitted that the petitioner is innocent and falsely implicated in a ganja trafficking case, solely based on the confession of a co_ accused. He further submitted that the police arrested five individuals, but two others, including the petitioner, allegedly escaped and were caught the next day. He contended that no evidence was seized from the petitioner, and there ie no material linking him to the case except the confession of co- accused, which is inadmissible as evidence. 'The petitioner the prosecution failed to follow proper the NDpS Act, including seizing and and obtaining necessary permissions. Therefore, he prayed the Court to grant bail to the petitioner by a.llowing this criminal petition. also argues that procedures under handling evidence,

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 releasecl on bail, at this stage, he may tamper 3 SKS'J Crt.P.No.16316 of 2024 with the evidellce and may threaten the witnesses; Hencr:' he prayed the Corl't to dismiss the criminal petition

6. This Court, considering submissions made by both the learnedcounselandreviewingthematerialavailableon record, it is noted that the contention of the petitioner thi:'t the case is false, Jlctitious, and fabricated' the case \^'as registered without folloviing the due procedure' However' the Addit-ional Public Prose(lr-ltor opposes bail citing commer cial qurrntitv weighing 258.389 kg of ganja At this stage' it is pertint:ni to noteSectionllToftheNDPSAct'whichreadsasunder: ".17. Offences to be cognizable and non-bailable' (t) Notwithstanding anything contained in the Cod,: of Criminal Procedure' 1973 (2 of 197a)' -(a) every offence punishable under this Act shall be cognizable; (b) no person accused of an offence punishable for llolfences under section l9 or seclion 24 or secliotl 27A. and' also for offences involving commercial quantityl shalt be released on bail or on his orvn bond unless-- (i) the Public opportunitY to relt:ase, and Prosecutor oppose the has been glven an application for sttch (ii) rvhere appL cation rea sonable the Public Prosecutor oPPose s the court is satished that there grounds for believing that he rs 4 sKs,J Crl.P.No.l6316 of 2024 guilty of such offence and that he is not likely to commit any olfence 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 1974) or any other law tor the time being in force on granting of bail.,,

7. In view thereof, Section 3Z al 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 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 Crirninal petition is dismissed Miscellaneous applications, if any pending, shall stand closed Sd/. P. PADMANABHA REDDY ASSISTANT REGISTRAR //TRUE COPYII To, TION OFFICER

1. The Xl Additional Metropolitan Magistrate, Cyberabad at Rajendranagar. 2. The lAdditional District and sessions Judge, Rangareddy District at L.B. Nagar.

3. The Station House Officer, Rajendranagar p.S., Cyberabad District 4 Two CCs to the Public prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

5. One CC to Sri P. Prabhakar Reddy, Advocate [OpUC] 6 s t*., CD Couies' l.-.-_ I I HIGH COURT DATED:0910112025 i -' - --:. a) 'i 5 r-ii Zrl?5 v O; .b/ r-::iI r\'] I -1 -i= k a. -) ) ,+ * ORDER GRLP.No.16316 of 2024 DISMISSING THE CRLP qdte't &,