The Telangana High Court has granted regular bail to an accused in a narcotics case involving the seizure of 9.1 kilograms of ganja, observing that the quantity falls within the “intermediate” category and the stringent provisions of Section 37 of the NDPS Act are not attracted.
The bench of Justice K. Sujana has observed that the petitioner had been in custody for a considerable period. The quantity seized was intermediate and not commercial. No other criminal cases were reported against the petitioner. The rigours of Section 37 of the NDPS Act were not applicable in the present case.
According to the prosecution, the matter originated from intelligence inputs regarding two passengers traveling from Hanoi to Hyderabad via Kuala Lumpur, suspected of carrying contraband. Acting on the information, the Air Intelligence Unit of Customs intercepted the individuals and conducted a search.
During the inspection, authorities allegedly recovered 9,100 grams of ganja from the possession of the petitioner. Following the seizure, the petitioner was taken into custody, and a confessional statement was recorded. He was produced before the jurisdictional Magistrate on March 8, 2026, and remanded to judicial custody, where he remained pending the hearing of the bail application.
The petitioner argued that the accused had been in judicial custody since March 8, 2026. The seized contraband qualifies as an intermediate quantity under the NDPS Act. Section 37, which imposes strict conditions for bail in cases involving commercial quantities, would not apply. The petitioner was falsely implicated and had no prior criminal record. The investigation had substantially progressed, warranting grant of bail.
On the other hand, the prosecution opposed the bail plea, contending that the contraband, though intermediate in quantity, was allegedly being transported for sale in Bangkok at higher prices. The investigation was still ongoing. Granting bail at this stage could hamper further investigation.
The Court granted bail subject to strict conditions, including execution of a personal bond of ₹15,000 with two sureties of like amount; mandatory appearance before the investigating authority every Wednesday between 11:00 AM and 5:00 PM for eight weeks or until filing of the charge sheet, whichever is earlier; and compliance with conditions prescribed under Section 437(3) of the CrPC (now Section 480(3) of BNSS).
Case Details
Case Title: Pulloonichalil Abdulla Salam Versus The State of Customs (Preventive)
Citation: JURISHOUR-603-HC-2026(TEL)
Case No.: Criminal Petition No.4467 Of 2026
Date: 01.04.2026
