The High Court · 2025

The State of Telangana,, Rep.by Public Prosecutor, High Court of Telangana, At Hyderabad. ...Respondent 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 the petitioner on bail in connection with Crime No 180 ot 2025 on the of the PS Nampally, Hyderabad District for the offences under Sec I (C) R/w. 22 (C),27 (b). 29 of NDPS Act., and be pleased to pass such other order or orders, as this Hon'ble Court may deems fit and proper, in the circumstances of the case. This Petition coming on for hearing upon perusing the Memorandum of Grounds of Crrminal Petition and upon hearing the arguments of Sri MOHAMMED IMRAN KHADEER, Advocate for the Petitioner and the Sri D.ArunKumar, Additional Public Prosecutor on behalf of the Respondent. The Court made the following: ORDER : gFffi=i, .:nr_?i_ y' .f IN THE HIGH COURT FOR THE STATE OF TIi,ANGANA AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. STT' |ANA - CRIMINAL PETITION No. 15581 OF. 20I I5 Osth DAY OF DECEMBER 2025 Between : Aj ay Kumar Chaudhary And F: ,itioner/A.1 The State of Telangana, Rep. by Public Prosecutor, High Court of Telangana at Hyderabad F ( spondcnt ORDER: This criminal petition is filed under Section l8O & 483 of Bharatrya Nagarik Suraksha Sanhita, 2023 (for slr rt 'BNSS') by the petitioner/A. 1 seeking his enlargement on ba.i n connection rt ith Crime No. 18O of 2025 of Nampally I r lice Station, Rachakonda District. The offences aileged againsr .he petitioner are under Sections a(C) r / w .22 (C\ , 27 (bl, 29 of I'l Lr-cotic Drugs And Psychotropic Substances Act, 1985, (for sh r 1. 'NDPS') on bail. 2

2. The facts of the case are that on O8.O7.2O25, the Sub- Inspector of Nampally Police Station received informalion about [wo men selling Mephedronc near Nampally Railway Station. He informed his superior, called trvo medrators from Niloufer Hospital, and requested assistance from the Clues team. At about 12:30 PM, policc in plain clothes apprehended Ajay Kumar Chaudhary and Syed Zaheer and took them to Yatrik Lodge for inquiry. Both of them confessed to have possessing and selling Mephedrone in Hyderabad. Aj ay admitted bringing 1O0 grams of the drug from Mumbai and involving Zaheer in deliveries. Police seized 100 grams of Mephedrone, three mobile phones, and other items, which were sealed and marked and registered the case against the accused.

3. Heard Sri Moharnmcd Imran Khadeer, learned counsel for the petitioner and Sri D.Arun Kumar, learned Additional Public Prosecutor appearing for the respondent-S tate.

4. The contention of learned counsel for the petitioner is that petitioner is falsely implicated in this case. The alleged recovery of 1OO grams of Mephedrone is vague and unspecified in the remand case dairy and the recovery made from the bag does not belong to the petitioner. Petitioner is in judicial custody since 3 138 days and that hrs wife and children are starvLr 1 due to false implication of petitioner in this case. Petitioner is i lso sulfering from serious health issues and che jail envirorr nent lacked nccessanr meclical facilities. Hence, prayed thrs (, urt to grant bail to the petitioner by allowing this petition.

5. On the otl'rer hand, learneci Additional Pub r: Prosecutor opposcd bail on thc ground that the offences allegcr again5l ghs peLrtioncr is serious in nature and thc petition( - lsa drug pedcller. If he is enlarged on bail, he may cor Lrnit similar offence. Hence, prayed this Court to dismiss t ris criminal pctrtion 6- Having regard to the rival submissions made rld on going through the material placed on record, it is no :d that lhe contention of learned counsel for petitioner is tI at the case against the petitioner is false and fictitious, ,,hereas, the lezrrned Additional Public Prosecutor opposes the 1r trtion, citing that serzed Mephedrone is a commercial quan t tv weighing about 100 grams. At this stage, it is pertinent tc rote Section 37 of the NDPS Act, which reads as under: "37. Oflences to be cognizable and non bailable (l) Notwithstanding anything contained rn the Coc< of *-{" 4 Crrrninal Procedure, I9Z3 (2 ol 197+1,- (a) every offence punishable under this Act shall be cognizable; (b) no person accused of an offence punishable for l[offences under secfion 1g or section 2z] or section 27 A and also for offences involving commercial quantity] shall be relcased on bail or on hrs own bond un less - {i) the Pubtic opportunity to release, and Prosecutor oppose the has been application glven an for such (ir) where the Public Prosecutor opposes the application, the court is satisfred that there are reasonablc grounds for believing that he is not guiltv of such offence and that he is not likeh, to commit any offence while on bail. (2) The limitations on granting ot bail specified in clause (b) of sub-sectlon (1) are in addition to the limitations under the Code of Criminal procedure, 1973 12 of 1971) or any other lau, lor the time being in force on granting of bail."

7. From the above extracted portion, it is clear that 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 ttre petitioner, this Court is not satished that conditions for granting bail under Section 3T are met. That 5 apart, it is pertinent to note that as per lhe matr r al on record, prima Jacie r:ase is made agetinst the petitioner.

8. In light ol the above discussion, this (l,r rrt is of the opinion that thcrc are no merits in this criminal pc.ition and lhe s:rme is liable to be dismissed.

9. According\', this Criminal Petition is dismiss:rl. N{iscellaneous petitions, if any, pendin6 shzrll stand closed To, SD/.AHMEt ABDULLA KHAN ASSIS-ANT REGISTRAR- //TRUE COPY' S ECTION OFFICER

1. The Xll Additional Chief Judicial Magistrate at Nampally' 2. The Station House Officer, Nampally Police Station, Hydt't tbad 3. Two CCs to the Public Prosecutor, High Court for the Stal of Telangana at Hyderabad [OUT]

4. One CC to SRI I\iIOHAIVMED IMRAN KHADEER, Advocirj ) [OPUC] 5. Two CD Copies Nl/BN)SI, Y{- I t HIGH COURT DATED:0511212025 ORDER CRLP.No.15581 of 2025 q IE STA () o 2 J AN 2ir26 ,'z_ t t I 5'r-^-.'.' t '. DISMISSING THE CRIMINAL PETITION I -t@ { <(\"1