Telangana High Court
A2 Mahammed Khaja Pasha vs State Of Telangana on 27 June, 2025
THE HON'BLE SRI JUSTICE J.SREENIVAS RAO
CRIMINAL PETITION NO.7546 OF 2025
Order:
This Criminal Petition is filed under Sections 480 and 483 of
Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘BNSS’)
seeking bail to the petitioner/accused No.2 in Crime No.45 of 2025
on the file of Kusumanchi Police Station, Khammam District,
registered for the offence punishable under Section 8(c) r/w.
20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act,
1985 (for short ‘NDPS Act‘).
2. The brief facts of the case are that on 24.02.2025, at around
20:30 hours, while the Sub-Inspector of Police, Kusumanchi Police
Station, was conducting vehicle check along with his staff near
Chegomma X Road, they found petitioner/accused No.2 and another
person proceeding in Mahindra XUV 500 car bearing registration
No.TS10 EJ7860 from Kusumanchi to Khammam in suspicious
circumstances and apprehended them and seized 178.870 kgs of dry
ganja from them. Based on their confession, the aforesaid crime was
registered against the accused.
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3. Learned counsel for the petitioner submitted that the
petitioner/accused No.2 is innocent person and he did not commit any
offence as alleged against him and he was falsely implicated in this
crime and the investigating officer, without following the mandatory
procedure prescribed under Sections 50 and 52-A of the NDPS Act,
seized the contraband. He further submitted that the petitioner was
arrested on 25.02.2025 and since then he is in judicial custody and the
entire investigation is completed except filing of charge sheet and
prays to release the petitioner on bail as he is ready to cooperate with
the investigation and also ready to abide by the conditions as may be
imposed by this Court.
4. On the other hand, learned Additional Public Prosecutor
opposed the bail petition stating that the petitioner is involved in a
grave offence as 178.870 kgs of ganja, which is a commercial
quantity, was seized from him and other accused and the investigation
is under progress. At this stage, if the petitioner is enlarged on bail, he
will interfere with the investigation and influence the witnesses and as
per the provision of Section 37 of NDPS Act, the petitioner is not
entitled for grant of bail.
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5. Having considered the rival submissions made by learned
counsel for the parties and after perusal of the material available on
record, it reveals that the police seized 178.870 kgs of ganja, which is
a commercial quantity. Even according to the learned Additional
Public Prosecutor, the investigation is under progress and charge
sheet has not been filed. At this stage, it is pertinent to note
Section 37 of the NDPS Act, which deals with the cognizable and
non-bailable offences and the same reads as under:
’37. Offences to be cognizable and non-bailable. –
(1) Notwithstanding anything contained in the Code
of Criminal Procedure, 1973 (2 of 1974),–
(a) every offence punishable under this Act
shall be cognizable;
(b) no person accused of an offence punishable
for 1[offences under section 19 or section 24 or
section 27A and also for offences involving
commercial quantity] shall be released on bail or on
his own bond unless–
(i) 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
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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 Procedure,
1973 (2 of 1974) or any other law for the time being
in force on granting of bail.”
6. 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. Hence, since the
allegations levelled against the petitioner are serious in nature, 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.
7. Accordingly, this Criminal Petition is dismissed.
Miscellaneous applications, pending if any, shall stand
closed.
___________________
J.SREENIVAS RAO, J
Date: 27.06.2025
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