Thorath Rahul Vs The State of Telangana

Petition under Section 480 and 483 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased toto Enlarge the Petitioner/A5 on bail in Crime No.7212025 registered by Prohibition and Excise Station, Ghatkesar, for the offences under Section 8(c) r/w 2O(bxii)(C) of the NDPS Act, in the interest of justice. And for this act of kindness, the Petitioner shall ever pray.

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This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri PORIKA VIKAS RAJ ,Advocate for the Petitioner and Syed Yasar Mamoon Additional Public Prosecutor on behalf of the Respondent No1 .

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The Court made the following: ORDER

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, r.:::1t:.:rt^- -l -^:1--r. /

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THE HONONOURABLE SRI JUSTICE J. SREENIVAS^RAO CRIMINAL PETITION No. 8O41 of 2025

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ORDER:

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This Criminal Petition is filcd under Seitions '180 anci 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (Lrcrei:t-after relerrcd to, as 'BNSSJ sceking bail to the petitio ner/ accused No.5 in Crimc: No.72 of 2025 of Prol-ribition and Excise Station, Ghatkesar, Medchal-Malkajgiri District, r cgistcrcd for the offe nces under Sect ons i3(c) r-cad with 2O(b)(ii)(C) ancl 29 o[ the Narcotic Drugs and Psycrotropic Slrbstances Act, 1985 {for short,'NDPS Act').

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Heard Sri P.Vikasraj, learned counsel for the petitioner and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing fcrr the rcspondcnt - State.

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The briel facts of the prosecutir.rn case are tlrat on 19.O5.2025 at about 12:OO p.m. on receiving credible inf,rrmation of illegal possessior, l-ransportation and sale ol dry ganja, the Prohitrition and Excise lnspector, Ghatkcsar, along u,ith his s(aff and panchas proceeded to ORR trxit No.9, Ghatkesar Toll Plazr, Ghatkesar and at about 7:3rJ p.m. they intercepted a four wheeler cearing No.l(A 39 M 2162, founcl accused Nos. I to 5 in the said vehicle .rnd on search, they found that the accused persons are possessing dry ganja werghing

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2

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A:. .ill':lli. .r Yi::i-*::i.t JSR, J Crlir E04l 2025 .1--\

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about 58.88 kgs. and after following due procedure the said contraband was seized. Hence, the aforesaid crime was registered against the accused

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Learned counsel for the pctrtioner submitted that the petitioner has not committed the offence and he was falsely implicated in the above crime. Learned counsel further subn'rits that thc contraband q,as seized from the other accused, hence Lhe ingredients under the provisions of the NDPS Act are rot attract. The petitioner was arrested on 19.O5.2025 and since more than 51 days he is in^judicial custody. Learned counsel further subrnits that the mother of the petitioner is suflering with mental health problem and his sister is physically handicapped person and except the petitioner no other family member is available to look after the wellare of his mothcr^and sister. Thc pctitioner is not having any criminal antecedents.^The petil,ior-rer shall abide by the conditions, which are going to be imposcd by this Court, anC he is ready to cooperate with the^{investigalion.} Hencc, the petitioner may be enlarged on bail.

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Per contrcL, learned Addrtional Public Prosecutor^{submitted that} the petitioncr has cornmitted the grave offence^{and the policeseized} the contraband namely 58.88 kgs. of dry ganja from^{thc posscssion of} the petitioner ald other accused. The investigation is under^progrcss.

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3

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JSR. J (',lp 8041 l02i

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At this stage, if tl're petitioner is enlarged on bai hc r,vill commit the very samc oflence ar.rd he rvill interlere with thc ir vcstigation and also influence :he u,itncsscs. Hencc, thc petilioner is rrot enLitlcd for grant of bail at tl-ris stage .

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6- Having considered thc rival submissions nterde by respective parties and after perusal of the material available orr re<:ord, it rcveals that the policc seized the contraband namell, .5t3.[i,9 kgs. of r 1'ganja, u,hich is a conrrr-rcrcial cluantit.r, As pcr thc provis oDs ol the NDPS Act I kg. is s.mall qtrantit_!'zrr-rcl 20 kgs. is cornnrcr,'i:rl qr-rantit]. Even according to thc lcarnccl Addit ional Publi^- Pr()seclltor, the investigation is under progress. At this stage, i'. is rclevant to note Section 37.o1'the NDPS Act, u.hich reads zrs under

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Oll-elrces to br: cognrzable and non barlalrlt:.

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(1) Not\'itllstandlnEi ilnvthlng contain(:(l in llrc^(l()Ce ol (lrirninal Procedure. 1973 12 ol 197+),--

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(a) r'r'r:n oflcncc punishalrlc Llndcr tlris n'l sl.rrll [rt' < ogniza ble,

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(b) no llerson acc:used ol an ollence pttnislrable 'or JIoflences; ulldcr scctr()n 19 ol scction 24 or sectr{)r) 27l.;tnd rrlso forofl-ences involving commercial quantil'] shall lr,' rcLease<l on bail or or-r his orr n boncl rrnless

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(i) the Pubhc Prosc(:utor has bccn I '( n iirl opportunit-"- to oppese the application fot sucl] rclcase. and

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4

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JSR, J Crlp 8041 2025

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(iil where the Public Prosecutor opposes the application, the court is satished that there are reasonable grounds for believing that he is not gu ty of such offence and that he is not likely to commit any offence while on bail,

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1. The limitations on granting of bail specified rn clausc (b) of sub-section (J) are in addition to the limitations under the Code of Criminal Proc(.dure, 1973 \2 of i9T4l or an], other larv for the time being in force on granting of bail."

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In view thereof, Section 37 of the NDPS Act mandates that offences involving commercial quantitlcs be non-bailable, requiring reasonable grounds to believe Lhe accused is not guilty and unlikely to commit lurther offences while on bail. Hence, since the allegaLions levelled against the petitioner are serious in nature, this Court is not satrsfied that conditions for granting bail under Section 37 are met.

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Taking into consideralion of the above stated facts and circumstances of the case and a-1so the gravity of the offence, this Court is not inclined to grant bait to the petitioner.

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