Dismissed¶48

Jitta Kiran v. The State of Telangana

Bail – NDPS Act, 1985 – Section 37 – commercial quantity

Telangana HC18 Feb 2025CRLP/1520/2025

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Case brief

AI extract

What is this about?

Telangana High Court; K. Sujana, J.; Criminal Petition No. 1520 of 2025; bail rejected; Sections 480 & 483 BNSS; Crime No. 452 of 2024, PS Malakpet, Hyderabad; Section 8(C) r/w 20(b)(ii)(c) NDPS Act; Section 37 NDPS Act; commercial quantity; approximately 30 kgs ganja; accused Nos. 4 and 5; Jitta Kiran; Boini Vamshi; Chanchalguda Jail; involvement in other three cases; tampering of evidence; criminal petition dismissed on 18.02.2025.

What did the court decide?

Section 37 of the NDPS Act mandates that offences involving commercial quantities be non-bailable, requiring reasonable grounds to believe that the accused is not guilty and is unlikely to commit further offences while on bail. ¶41

Jitta Kiran Vs The State of Telangana — Narcotics (NDPS) | Telangana HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the petitioners, arrayed as accused Nos. 4 and 5 in Crime No. 452 of 2024 of PS Malakpet (registered under the NDPS Act involving commercial quantity), are entitled to be enlarged on bail under Sections 480 & 483 BNSS, notwithstanding the restrictions of Section 37 NDPS Act.

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Court's answer

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Ratio / Principle

In view of the serious allegations, the commercial quantity of approximately 30 kgs of ganja alleged, and the petitioners' involvement in other pending cases, the Court is not satisfied that the conditions for grant of bail under Section 37 NDPS Act are met; the criminal petition lacks merit and is liable to be dismissed.

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Detailed headnote1 paragraphs

Bail - NDPS Act, 1985 - Section 37 - commercial quantity - Criminal Petition No. 1520 of 2025 under Sections 480 & 483 BNSS by accused Nos. 4 and 5 (Jitta Kiran and Boini Vamshi) in Crime No. 452 of 2024 of PS Malakpet, Hyderabad, registered on 16.12.2024 under Section 8(C) r/w 20(b)(ii)(c) NDPS Act, seeking enlargement on bail - prosecution case of transport of prohibited ganja in a White Baleno car and KTM bike intercepted at Gaddiannaram K Road on 16.12.2024 - petitioners in custody in Chanchalguda Jail - Additional Public Prosecutor opposed bail citing commercial quantity of approximately 30 kgs of ganja and the petitioners' involvement in three other cases, apprehending tampering of evidence and threatening of witnesses - Court held that Section 37 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 - considering the serious allegations and pending cases, the Court was not satisfied that the conditions for grant of bail under Section 37 were met - Criminal Petition dismissed (K. Sujana, J., High Court for the State of Telangana, 18.02.2025).

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IN THE HIGH COURT FOR^{THE STATEOF TELANGANA}

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TUESDAY ,THE EIGHTEENTH^{DAYOF FEBRUARYTWO} THOUSAND AND TWENTY FIVE

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:PRESENT: THE HONOURABLE SMT JUSTICE^{K. SUJANA}

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CRIMINAL PETITION NO: 1520 OF²⁰²⁵

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Between:

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Jitta Kiran, S/o Yellaiah.^{Aged about 22 years,OccTractor} .Driver, R/oH.No 5-73, Panakabanda^{Village, Mothkur Mandal,YadadriDistrict.}

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Boini Vamshi, S/o Yellaiah^{Aged about 28 years,OccCenteringLabour,} R/oH.No 2- 1, Gadi Bazar, Mothkur^{Mandal,YadadriDistrict.}

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Petitioner/Accused Nos 4 & 5

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AND

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The State of Telangana, High^{Court at for the State of Telangana, Hyderabad'} Through Public Prosecutor

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Res Pon denUCom Plaina nt

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Petition under Section 480 &^{483 of BNSS, praying that in the} ciriumstances stated in the affidavit^{filed in support of the criminal Petition, the} High Court may be^{pleasedto enlarge the Petitioners/AccusedNos 4 and 5} heiein on bail in Crime No.^{452 of 2024 registered by PS Malakpet,dated} 16.12.2024 under sections^{B (C) R/w 20 (b) (ii) (c) of NDPS Act 1985 registered} by Police tVlalkapet, Hyderabad^{Commissionerate.}

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The petition/Appeal coming^{on for hearing, upon perusing the Petitionand} the affidavii filed in support^{thereof and upon hearingthe argumentsof Gajula} Prem Kumar, Advocate for the^{Petitione(s) and Sri Syed Yasan Manoon,} Additional Public Prosecutor^{on behalf of the State.}

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THE COURT MADE THE^{FOLLOWING ORDER:}

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THE HONOURABLE SMT. JUSTICE K. SUJANA.

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CRIMINAL PETITION No.152O of 2025

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ORDER:

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Seel<ing I'rc Court to enlarge the pctitioners r,",ho ar e arrayed as accused Nos;,4 and 5 in Crime No.452 ol 2021 of Malakpet Police Station, I{yderabad, on bail, the present Crimir-ral l)etilion is filed.

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The briel facts of the case are that on 16.12.2024, at 14:00 hours, Sub-lnspector P. Naveen received credible ir-rlbrmation about persons transporting prohibited ganja in a White Baleno car and a KTM bikc from Atmakur Village to Dhoolper, H,.'derabad. Believing the nformation to be true, he informed his superior officer and obtiLined oral instructions to verify it. A team, ncluding mediators :rnr1 clues team members, was formed and pro,;eeded to Gaddiannaram K Road, where they intercepted the veh;cles and apprehendecl lILc suspects.

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Heard St i G. Prem Kumar, learned counsel appe.aring on behalf the pelirioners as well as Sri Syed Yasan Manoon, learned Additional Plrblic Prosecutor appearing on behalf of the respondent.

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SKS,J Crt.P.No.152O^{of 2025}

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Learned counscl for thc^pe titioners submitted that^the petitioners are innocent and falsely^implicated in^{a caseinvolving} contraband, stating that the seized^{items were not recoveredfrom} their possession. Despite lacking evidence, the^{police registereda} case against them. He further submitted that^{the petitionershave} no prior crimrnal record and no^pima facie^{case existsagainst} them. He further submitted that the^{petitionerswere arrested on} 16.12.2024, and is currently in Chanchalguda Jail,^Hyderabad. Therefore, he prayed the Court to^grant bail to^{the petitioner by} allowing lhis Criminal Petition.

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On the other hand, learned^{Additional PublicProsecutor} opposed the submissions made by the^{learned counsel for the} petitioners stating that the petitioners are drug^peddlers.He further submitted that the investigation^{is in progressand if the} petitioners are released on bail, at this stage,^{they may tamperwith} the evidence and may threaten the^{witnesses and he further} submitted that the petitioners^{wcrc involvcdin other threecases.} Hence, he prayed the Court^{to dismissthe criminal petition.}

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This Court, considering^{submissionsmade by both the} learned counsel and reviewing^{the rccord, it is notedthat the} contention of the petitioners^{that the case is false, hctitious,and} fabricated, the case was^{registered without following the due}

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SKS,J Crl.P.No. t520 of 2025

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t I

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procedure. I{ovr,:ver, the Additional Public Proseculot' oplroses bail citing commcr,:.al quantity approximately 30 kgs of g,rnja and further tl.re pe itioner is involved in other three cases. At this stage, it is pr:rtinent to note Section 37 of the NDPS A.;t, which reads as undr:r

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"3,7 Oflences to be cognizable and non bailable. {1) Notu, itrrstanding anything contained in the Code ol Crimir:al Procedure, 1973 12 of 197a1, la) ever.r, offence punisL able under this Act shall be cognizable;

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(b) rro person accused of an offence punishatrlc for 1[offt:n::s r.lnder section ]9 or section 2,1 or section 27A ancl al,;o for offences rnvolving commercial quantrt, shrill be relc r scd on bail or on his orvn bond unless--

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(r) the^rlblic Prosecutor has been given an oppor-tunrtl to oppos€ I he application for such release, and

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(ir) rvh.:re the Public Prosecutor opposes the applicatiolr, the corrt is satished that there are reasonable grounds for b,:1 er.ing that he is not guilty of such offence and that ht' rs n r: likely to commit any offence while on bail.

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(2) 1'h( limitations on granting of bail specified in clause (b) of ;r-rb-section (1) are in addition to the limitatlons under Ire Cocle of Criminal Procedure, 1973 (2 ol 1974]. or ant^()t r,-'r lau. for the time being in force on granting of bail."

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7 . In vierv t rereof, Section 37 of the NDPS Act mand,ttes that offences involvi^-rg commercial quantities be non-bailable, -equiring reasonable groL.nds to believe the accused is not gliilty and unlikely to cornntit further offences while on bai1. Given th,: serious

SKS,J Crl.P.No.l520 of2025

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allegations and pending cases against the petitioners, 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.

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