The High Court · 2025

..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 Grant bailto the petitioner/Accused No.2, arrested in connection with Crime No.332 of 2025 of P.S. Sangareddy Town, Sangareddy District. ' This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Mr K. VENUMADHAV, Advocate for the Petitioner and Mr D. ARUN KUMAR, the Addl. Public Prosecutor on behalf of the sole Respondent. The Gourt made the following: ORDER ,n IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.15736 of 2or25 DATE: L5.L2.2O25 BETIITEEN: Goundla Mallesham .....petitioner/ accused No.2 And The State of Telangana, " Rep. by Public Prosecutor, High Court for the State of Telangana, at Hyderabad. . . . ..Respondent/complainant ORDER This Criminal Petition is filed under Section 480 & 483 of Bharaitya Nagarik Suraksha Sanhita, 2A23 praying this Court to enlarge the petitioner on bail who is arrayed as accused No.2 in Crime No.332 of 2025 of Sangareddy Town 2 SNSIr., Crl.P.No.15736 ot2023 Police Station, Sangareddy District. The offences alleged against the petitioner are under Sections 8 (c) r/w. Sections 2i(C), 22(Cl',27(A1,25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short :NDPS ActJ.

2. The brief facts of the case are that on 2g.O8.2O25 on reliable information about manufacturing of Alprazolam in a house at Ganesh Negar, Sangareddy Town, the S.l of Police, Sangareddy Town Police Station along with his team rushed to the said place at 17:OO hours, and conducted raid in house bearing No.S- I-g2l12/glAlL, Ganesh Nagar, Sangareddy Town and two individuals were found manufacturing Alprazolam. Upon entering the house, the police discovered various apparatus including glass flasks, water baths, and drums in the hall and two bedrooms. The individuals identified themselves as Goundla Srinivas Goud engaged in agriculture and real estate, Goundla Mallesham, who is running a tiffin center. Their confession statements were recorded and the police seized 27O grarrrs of Alprazolam and raw material used in preparing the contraband from the possession of accused under cover of panchanama and registered a case against the accused for the above offences. ( - I ! I I I I \: 3 sl(s,J Crl.P.Ito. 15736 of 2ol25

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

4. The contention of learned counsel for the petitioner is that basing on the confession of A.1, the petitioner herein was arrested and recorded his confession statement showing him as A.2 and he is falsely implicated in this case. Except the alleged confession there is nothing on record to link the petitioner to the alleged offence. No recovery is made from the possession of the petitioner. The petitioner is in jail from

30.08.2025 and most of the investigation is completed. The . petitioner is running a tiffin centre and no other cases are pending against him. Hence, prayed this Court to grant bail to the petitioner

5. On the other hand, learned Additional public prosecutor opposed bail stating that the quantity involved is a huge commercial quantity and in view of rigor of Section ST of NDPS Act, petitioner is not entitled for bail and. prayed to dismiss this petition. 4 SKST.I Crl.P.I{o. 15736 of 2ol25 .

6. This Court, considering submissions made by both the learned counsel and reviewing the material available on record, it is noted that the contention of the petitioner that the case is false, fictitious, and fabricated, the caqe was registered without following the due procedure. However, the Additional Public Prosecutor opposes bail citing commercial quantity weighing 27O grams of Alprazolam. At this stage, it is pertinent to note 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 19741,--lal every offence punishable under this Act shali 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-- (0 the Public Prosecutor has been given an opportunity to oppose the application for such release, and (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. Y- 5 SKS'., Crl.P.!to. 15736 of 2025 (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 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 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 Criminal Petition is dismissed. Miscellaneous applications, if any pending, shall stand closed. \ Sd/. M. NAGAMANI ASSISTANT REGISTRAR G SECTION OFFICER I //TRUE COPY// To District

1. The Additional Judicial First Class Magistrate at Sangareddy. 2. The Station House Officer, Sangareddy Town Police Station, Sangareddy 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana, at Hyderabad. IOUTI 4. One CC to Mr. K VENUMADHAV, Advocate [OPUC] 5. Two CD Copies RC/PR IKB ,tie HIGH COURT SKS., J DATEDi 1511212025 {HESI4 1t JAN 202[ -* {s () C) * ORDER CRLP.No.15736 of 2025 Accordingly, this Criminal Petition is Dismissed. =i/e-a