Telangana High Court
A4 Sapan Biswas vs The State Of Telangana on 23 July, 2025
THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO
CRIMINAL PETITION No. 8820 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 petitioners/accused Nos.4 to 7 in Crime No.171 of 2025 on
the file of the P.S. Begumpet, Hyderabad District, registered for the
offences punishable under Sections 8(C) r/w 20(b)(ii)(C) and Section
29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for
short ‘NDPS Act‘).
2. When this criminal petition is taken up for hearing there is no
representation on behalf of the petitioners, either in physical mode or
virtual mode.
3. The case of the prosecution is that on 30.04.2025, the petitioners
along with other accused were found in possession of 81.15 kgs. of
ganja and the same was seized. Basing on the same, Crime No.171 of
2025 was registered.
4. Heard Mr.Syed Yasar Mamoon, learned Additional Public
Prosecutor appearing for respondent-State.
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5. Learned Additional Public Prosecutor submitted that the
petitioners have committed a grave offence and the police seized the
contraband namely 81.15 kgs. of Ganja, which is commercial quantity.
He further submitted that the petitioners were arrested on 30.04.2025
and the investigation is under progress and if the petitioners are released
on bail at this stage, they may tamper with the evidence and may
threaten the witnesses, and hence, prayed to dismiss the petition.
6. Having considered the submissions made by learned
Additional Public Prosecutor and after perusal of the material
available on record, it reveals that the police seized 81.15 kgs. of
Ganja. As per the provisions of NDPS Act, 1 kg is the small quantity,
the contraband seized from the possession of the petitioners in this
crime is more than commercial quantity. 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 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
327A 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
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.”
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. Even according to the
learned Additional Public Prosecutor, investigation is under progress.
Hence, since the allegations levelled against the petitioners are
serious in nature, this Court is not satisfied that conditions for
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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, pending if any, shall stand closed.
____________________
J. SREENIVAS RAO, J
Date: 23.07.2025
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