Anticipatory bail sought by accused No.3 in an NDPS case where police seized over 106 kgs of dry ganja, a commercial quantity. The court held that allegations against the petitioner attracted the NDPS provisions and that the stringent conditions of Section 37 were not satisfied, and dismissed the criminal 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.
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rN rHEHIGH couRrfs$otJ*=ot"t#EoF TELANGANA
WEDNESDAY ,THESECOND DAY OF JULY "-rwoiuousAND AND TWENTY FlvE
PRESENT
THE HONOURABLESRI JUSTICEJ SREENIVASRAO
CRIMINALPETITIONNO: 76920F 2025
Between:
RathodSanthosh Sure,( The respondent Police Mentioned The Name of the oetitioner/A3as Santhosh r;ilil-S/;iathod llaruti' Aged27 years occ' bli"l",.,'r"!'ir"iioio.rlo +-rl]ialrrunairranoa'Enekpalle' Madak' Telansana State ...PETITIONER/ACCUSEDA'3
AND
The Stateof Telangana'Rep' by its Public Prosecutor' High Court For the State ofTelangana at HYderabad'
...RESPONDENT/COMPLAINANT
Petitionunder Section 482 of B N S S: q''Yilothat in the circumstances statedin the Memorandu'"oiditJnotoicii'in'r d"tition'the High Court may be oreasedto rereasetne pJiition"#"o't,-nririn (c)2, to , co on cr.No.398/2025, ;;;"-;h";Police Stationsanga ReddY'
This Petitioncominq on for hearing' upon perusinq the Memorandum of Groundsof Criminalp"titi"'."r.1"rp". n"i;"g il-,"'rroum"i't.of Sri RAVURISAI SUMANTH ,Advocatet"t t'r*'i'"iiti"n"i 'njthe A;ditional Public Prosecutor Gt "; behalfof the sole ResPondent'
The Courtmadethe following:ORDER
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Th on'b CS s ce re n1 AS a e ti NN .7 92 of 2
Order
This Criminal petition is filed under Section 4g2 of the Bharatiya Nagarik Suraksha Sanhira, 2023 (for short, .BNSS) seeking anriciparory bail to the petitioner/accused No.3 in Crime No.39g of 2025 of patancheru police Station, Sangareddy District, registered for the offence punishable under Section 8(c) r/w Section 20(bxir(q of Narcotic Drugs and Psychotropic Substances Acr, 19g5 (for shon .NDpS Act). 2' The case of the prosecurion is that on 0g.05.2025 at about 04:OO p.m., on receipt of credible informatron regarding illegal transpon of d.ry ganja, the sub-Inspeoor of porice, Patancheru Police Station along with his sraff, proceeded to Murhangi Toll plaza and conducted vehicle check and apprehended accused Nos.1, 2,5 and5 and seized 106.g lgs of dryganja from them. Based on the same, the aforesaid crime
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was registeredagainst the petitioner/accusedNo'3 and other accused fortheaforesaidoffence'
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that the petitioner is not having any criminal antecedenrs ancl he is readyto coope_rate with the investigation and abide bythe conditions as may be imposed by this Court ancl hence, praled for granr ol anticipatory bail.
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theyproceeded to AOBarea oll two vehicles and purchased dry ganjafrom accus ed Nos.12to 15 and 16 and proceeded to Kamatakato handoverthe purchaseddry their destinationi'e, gan)a toaccused Nos.S to 11 and 17 and in'the meantime' the Police seized the contraband on 08.05.2025.F{ence,the contentionraised by leamed counsel for the petitioner that thereare no allegations' muchless specific allegations' levelled againstthe petitioner so as to attract the ingredients of the provisionsof NDPS Act is untenable' 7 At thisstage, it 1s Pertinentto note Section37 of the NDPSAcq whichreads as wrder:
"37. Offencesto be cognizableand non-bailable'
(1) Notwithstandinganyhing containedin the Cpde ofCriminal Procedure'1973 Q of t97+);- (a) everyoffencepunishableunder this Act shall becognzable; accusedof afioffence (b) no Pelson punishablefor lfoffencesunder section19 or section24 or secuon27L arrd also for
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offences involving commercial quantityl shall be released on bail or on his own bond unless_
(i) the Public prosecuror has.been given an opponuniry ro oppose the appiication for such release, and
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(ii) where the public prosecuror opposes the application, rhe courr 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.
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(Z) The limitations on granring of bail specified rn clause (b) of sub-section (1) are in addition to the limitations under the C-ode of Criminal procedure, 1973 Q of 1.974) or any other law for the time beine in force on granring of bail.',
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petitioner are serious in nature, this Courtis notsatisfied that
conditions for granting bail under Section 37 of the NDPS Act
are met. Therefore, the Criminal Petition lacls merit and the
same is iiable to be dismrssed.
As a sequel, miscellaneous petitions, pending if any, stand
closed.
SD/- K.BHAVANISWAMY AS TANTREGISTRAR
//TRUECOPY//
SECTIONOFFICER
To,
AR/PSL
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HIGH COURT
DATED:02t07t2O25
ORDER
CRLP.No.7692 ot 2025
ir.i'- S i4- aL
0 3 sEP 2025
1.,
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<br>
DISMISSING THE CRL.P
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1 issue framed by the court
Whether anticipatory bail can be granted to accused No.3 in an NDPS case involving seizure of commercial quantity of ganja despite the bar under Section 37.
3 provisions across 2 enactments
Rathod Santhosh Sure (A3)
The State of Telangana
J Sreenivas Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
