Bail sought by accused No.1 in a narcotics case involving seizure of about 708 grams of suspected heroin and poppy straw from his residence. The court held that the stringent conditions of Section 37 of the NDPS Act for offences involving commercial quantity were not satisfied given the serious allegations, and dismissed the petition.
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
FRIDAY,THE TWENTY FOURIH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SMT JUSTICE K. SUJANA
CRIMINAL PETITION NO: 12945 OF 2025
Between:
Chhogaram Vishnoi, S/o tvlala Ram, Aged 41 years, Occ Steel Supply Business, R/o YSR Colony, Neknampur village, Gandipet, Ranga Reddy District, N/o Ram Jangu ki dhani, Shobhala Darsan Village and Post, Barmer, Rajasthan State.
...PETTTTONERyAcCUSEO(S)
AND
The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana at Hyderabad.
...RESPONDENT/COMPLAINANTS
Petition under Section 482 & 483 of BNSS praying 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. 1on bail in connection with Crime No. 1282 of 2025 on the file of Narsingi Police Station, Cyberabad Commissionerate, Ranga Reddy District
This Petition coming on for hearing, upon perusing the l\4emorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M.A. RAHEEM ,Advocate for the Petitioner and Sri. Arun Kumar Dodla the Assistant Public Prosecutor (TG) on behalf of the Sole Respondent.
The Court made the following: ORDER
THE HONOURABLE SMT. JUSTICE K. SII 'ANA
CRIMINAL PETITION No.12945 of 2Oi,5
ORDER:
This Criminal Petition is filed se eking I 1 r. Court to enlarge the pclitioner, on bail, who is arrayed rs accused in Crime No.1282 of 2025 of Narsingi Police Statio: Cyberab:rd Com missione r:r t e.
'2. The briel' facts of the case are that on Oil( 7.2025. thc Sub-[nspector of Police, Narsingi Police Stat rr r, rcccivcd credible information that one Chhogaram Vishn,r vas iltegally posscssing and consuming heroin powder and 1rr 1py stra\'ilt his residence in YSR Colony, Neknampur VillzLgr . Basrng on the informatiorr, :r search was conducted in thr tresence o[ mcdiators, during which four packets of susl i:teC mixcd heroin por,,'der:rnd poppy straw wcre allegedly s( r:d frotn Lhc house. The colttraband, weighing a total of altoLt. 7O8 grams, along with a mobile phone was seized.
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sr{s,J Crl.P.No.12945 of2()25
Additional Public Prosecutor appearing on behalf of the respondent - State.
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with the evidence and may threaten the witness: i. Hence, he prayed the Court to dismiss the criminal petitior.
"3'l. Offences to be cognizable and non,baili ble. - (1) Notwithstanding anything contained ir1 the Code ol Criminal Procedure, 1973 12 of 197a) (a) every offencc punishable under this Act shirl be cognizable;
(tr) no person accused of an offence punishairlr tor 1[offences under section 19 or section 24 or sic _ion 27A at:,d also for o{Iences involving comrr: cial quantityl shall be released on bail or on his rwn bond unless--
(i) tbe Public Prosecutor has been giverr an opportunity to oppose the application for s rch rclease, and
(ii) u.here the Public Prosecutor opposes the application, the court is satished that therr: are reasonable grounds for believing that he i: not
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SKS,J Crl.P.No.12945 of 2025
guilty of such offence and that he is not likely to commit any offence while on bait.
(2) The limitations on granting of bail specified in clause (b) of sub section (l) are in addition to the limitations under the Code of Criminal procedure, 1,973 (2 of 1974) or any other law for the time being in force on granting of bail_"
Miscellaneous applications, if any pending, shall stand
closed
SD/. P PONNA KRISHNA ASSISTANT REGISTRAR
//TRUE COPY//
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SECTION OFFICER
To,
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4 One CC to SRI PUBL|C PROSECUTOR Advocate [OLr ] fiTwo CD Copies
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HIGH COURT
DATED:2411012025
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<br>it4 m.'d 7n25 :
DISMISSED
CRLP.No.12945 of 2025
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1 issue framed by the court
Whether bail can be granted under Section 37 NDPS Act to an accused alleged to have possessed commercial quantity (708 grams) of heroin and poppy straw.
2 provisions across 2 enactments
Chhogaram Vishnoi
The State of Telangana
K. Sujana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
