Balbeer Singh Parmar vs State of Telangana

J. Sreenivas Rao, J

This Criminal Petition is filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS) seeking regular bail the petitioner/accused No.1 in Crime No.159 of 2024 on the file of SHO Wankidi Police Station, Komurambheem Asifabad District, registered for the offence punishable under Section 8 (c) r/w 20 (b) (ii) (c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS Act’)

The case of the prosecution is that on 31.10.2024, during the Maharashtra Assembly elections, while the Police were conducting vehicle checks at the interstate checkpoint in Wankidi, at aroud 4:00 PM, a container lorry numbered MP06HC1339 was approaching from Asifabad towards Maharashtra. Upon stopping and inspecting the lorry, it was found to have four compartments. Three compartments were empty, and one compartment contained white plastic bags and brown packets. Upon questioning the driver about the contents of these packets, he revealed that they contained Ganja (marijuana). The Police intercepted the petitioner and seized the ganja. Basing on the same, the aforesaid Crime was registered against the petitioner/accused No.1 for the aforesaid offences.

Heard Sri P. Ramulu, learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the respondent/State.

Learned counsel for the petitioner submitted that the petitioner/accused No.1 has not committed the alleged offence and he was falsely implicated in the said crime. He further submitted that the contraband 281.75 kgs., Ganja was seized from accused No.2 only and entire allegations are leveled against accused No.2. He further submitted that the petitioner was arrested on 31.10.2024 and since then he is in judicial custody. The investigation is completed except filing of the charge sheet. The petitioner shall abide by the conditions, which are going to be imposed by this Court, and he is ready to cooperate with the investigation. Hence, the petitioner may be enlarged on bail.

Per contra, learned Additional Public Prosecutor submitted that petitioner/accused No.1 has committed grave offence under Sections 8(c) r/w 20(b)(ii)(C) and 29 of NDPS Act. He submitted that the contraband i.e., ganja, that was seized is 281.7 kgs., which is commercial quantity. The investigation is not yet completed and the petitioner is involved in similar offence. Hence, at this stage, the petitioner is not entitled for grant of bail.

Having considered the rival submissions made by respective parties and after perusal of the material available on record, it reveals that the police seized the contraband i.e., 281.7 kgs. of ganja, which is in commercial quantity. According to the learned Additional Public Prosecutor, as on today, the investigation is not yet completed and the petitioner is involved in similar offence. At this stage, it is pertinent to note Section 37 of the NDPS Act, which reads as under:

“37. Offences to be cognizable and non-bailable:-

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),--(a) every offence punishable under this Act shall be cognizable;

(b) no person accused of an offence punishable for 1[offences under section 19 or section 24 or section 27A and also for offences involving commercial quantity] shall be released on bail or on his own bond unless--

(i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and

(ii) where the Public Prosecutor opposes the application, the court 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.

(2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force on granting of bail.”

In view thereof, Section 37 of the 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. Hence, since the allegations levelled against the petitioner are serious in nature, 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.

Accordingly, this Criminal Petition is dismissed.

As a sequel, miscellaneous petitions, pending if any, stand closed.