Petition under Sections 480 and 483 BNSS sought bail for accused No.6 in a case involving seizure of 600 kg dry ganja. The court noted Section 37 NDPS Act bars bail for commercial quantity offences absent reasonable grounds to believe non-guilt, found conditions unmet given serious allegations and pending cases, and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT FOR THE STATEOF TELANGANA AT HYDERABAD
THURSDAY ,THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SMT JUSTICE K. SUJANA
CRIMINAL PETITION NO: 1271 OF 2025
Between:
Rathod Raju, S/o. Late Vittal, Aged 39 years, Occ. Agriculture, R/o. H. No. 3-1 3, Lakavatha Thanda, Bibya Nayak Thanda,Sirgapur Mandal, Sangareddy Dist
.....PETITIONER/ACCUSED NO 6
AND
The State of Telangana, Through Proh. and Excise Police Zaheerabad, Rep.by its Public Prosecutor, High Court at Hyderabad.
...RESPONDENT/COMPLAINANT
fetitionunder Section 480 & 483 OF BNSSpraying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to release the Petitioner/Accused No.6 on bail in connec{ion with the Crime No. 89 of 2020, dt. 13-09-2020 on the file of Proh. and Excise Police Station, Zaheerabad, Sangareddy District
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri PALLE SRIHARINATH ,Advocate for the Petitioner and the SRI SYED YASAR MAMOON Additional Public Prosecutor on behalf of the Sole Respondent.
The Court made the following: ORDER
THE FIONOURABLE SMT. JUSTICEK. SUJANA
C:RIMINAL PETITION No.L271 of2025
ORDER:
Seeking the Court toenlarge the petitionerwho is arrayed as accused No.6 in CrimeNo.89 of 2O2Oof Prohibition and Excise Police Station,Sangareddy District, on bail, the present Criminal Petition is filed.
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sKs,J crl.P.No.l271 of2025
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SKS,J Crl.P.No.l271 of2025
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However, the Additional PublicProsecutor opposes bail citing commercial quantity approximately6OO Kgs of Ganja. At this stage, it is pertinent tonote Section 37 of the NDPS Act, which reads as under:
"37. Offences to be cognizable andnon-bailable.
(1) Notwithstanding anything contained inthe Code of Criminal Procedure, 1973 12ot l97a),--(a) every offence punishabte underthis Act shallbe co6,nizable;
(b) no person accused of an offencepunishablefor 1[offences under section 19 orsection 24 or section 27 \ and also for offences involvingcommercial quantity] shall be released on bail or on hisown bond unless--
(i) the Public Prosecu tor has been given an opportunity to oppose the application for suclt release, and
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(ii) where the Public Prosecutor opposesthe application, the court is satisfied thatthereare reasonable grounds for believingthat he isnot guitty of such offence and that he is not likelyto commit any offence while onbail.
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(2) The limitations on granting of bail speciliedin clause (b) of sub-section(1) arein addition to the limitations under theCode ofCriminalProcedure, 1973 (2 of 19741 or aJly other law forthe timebeing in lbrce on granting of bail."
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SKS,J Crl.P.No.1271 of2()25
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Miscellaneous applications, if anypending,shall stand
closed.
Sd/. A. SRINIVAS REDDY ASSISTANT RE ISTRAR
//TRUE COPY//
SECTION OFFICER
To,
_'1. TheI AdditionalDistrict AND Sessiond Judge Sangareddy District IZlneDistrictPrrson, Sangareddy District at Kan"di I 3,fne Station House O"fficer, irroh. and Excise lnspector, Zaheerabad, District.
4;One CCto SRI PALLE SRIHARINATH Advocate [OPUC] 5'TWO CCs to the PUBLIC PROSECUTOR, High Court foi the State of Tetangana, at Hyderabad [OUT] 6. Two CD Copies \z
I I I
HIGH COURT
DATED:131O212025
ORDER
CRLP.No.1271 ol 2025
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DISMISSING THE CRIMINAL PETITION
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1 issue framed by the court
Whether the accused in a ganja seizure case involving commercial quantity could be granted bail under the stringent conditions of Section 37 NDPS Act.
2 provisions across 2 enactments
Rathod Raju
The State of Telangana, through Proh. and Excise Police Zaheerabad
K. Sujana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
