Telangana High Court
Aggi Ashok Goud vs State Of Telangana on 6 March, 2025
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.2410 of 2025
ORDER:
Seeking the Court to enlarge the petitioner who is arrayed
as accused in Crime No.517 of 2024 of Afzalgunj Police Station,
Hyderabad, on bail, the present Criminal Petition is filed.
2. The brief facts of the case are that on 25.11.2024, at
around 11:30 am, the Sub-Inspector of Police at Afzalgunj,
Hyderabad, along with staff, conducted a surprise check at
Mahatma Gandhi Bus Stand (MGBS) and found the
petitioner/A1 in a suspicious condition. The police apprehended
the petitioner and seized 500 grams of Asprazolam. The
petitioner’s confessional statement revealed the involvement of
A2 to A4, leading to the registration of a case under the NDPS
Act, 1985, and the Excise Act.
3. Heard Sri K. Vijaya Bhaskar, learned counsel appearing
on behalf the petitioner as well as Sri Syed Yasar Manoon,
learned Additional Public Prosecutor appearing on behalf of the
respondent.
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4. Learned counsel for the petitioner submitted that the
manner of his apprehension raises suspicions about the seizure
of the alleged contraband, and a fair reading of the complaint
does not establish a prima facie case against the petitioner. He
further submitted that he is a law-abiding citizen, a permanent
resident of Nandigama Village, and the sole breadwinner of his
family. Despite being innocent, a false case has been filed
against the petitioner. Therefore, he prayed the Court to grant
bail to the petitioner by allowing this Criminal Petition.
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 drug peddler. He further
submitted that the investigation is in progress and if the
petitioner is released on bail, at this stage, he may tamper with
the evidence and may threaten the witnesses. Hence, he prayed
the Court to dismiss the criminal petition.
6. This Court, considering submissions made by both the
learned counsel and reviewing the record, it is noted that the
contention of the petitioner that the case is false, fictitious, and
fabricated, the case was registered without following the due
procedure. However, the Additional Public Prosecutor opposes
bail citing commercial quantity approximately 500 grams of
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Asprazolam. 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
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 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. Given the
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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.
_______________
K. SUJANA, J
Date: 06.03.2025
SAI