The High Court · 2025

' ilii. i-e-tgii, l.SmtB.Pavitra,W/oY.Dhanraj,Agedabo^ut25years,OcclStreet-vendor' 'wasning Centie tane, Sriram- Nagar, Baghlingampallv' HYderabad.

2. Mr. Yaddhnapudi Dhanraj, S/o - Age^d about 27 ye3trs'..Occ' Street -Jeraym.a, d"O'"i, ny". i-e-SgS, WiUhing Centie Lanel Sriram Nagar, Baghlingampally, Hyderabad. ...Petitioner/Accused No'8 & 21 AND The State of Telangana, through P.S Narayanpur Rep' fhrough the Public Prosecutor, High Court Telangana at Hyderabad' ...RespondenUComPlainants petition under Section 528 of BNSS Act, 2023 praying that in. the circumstances stated in the Memorandum of Grounds of criminal Petition, the High c"rrt ,iv be pleased to call for the records relating to sc NDPS No.05 oF 2023 ^Yadadri- 6'no"gir Dirtii"i and quash the same in so far as petitioner's/ Accused No. 8 and 21 "" are concerned. ln" tirl ot irre t Additional District and Sessions judge, at Bhongir, l.A. NO: 10F 2025 Petition under Section 528 of BNSS Act, 2023 praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High c"rrt riv be pleased to grant stay of all further proceedings including appearance no.-a and zi in SC NDpS No.05 oF 2023 on the file of the iniJitionrf District and Sessions judge, at Bhongir, Yadadri-Bhongir District' "'ip"iiti",i"rl"icused ThisPetitioncomingonforhearing,uponperusingtheMemorandumof Grounds of criminal Petition and upon hearing the arguments of sri Kanduri Koushik, Advocate for the Petitioner and sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent' The Court made the following: ORDER HON'BI..E SMT. JUSTICE JUWADI SRIDEVI ORDER CRIMINAL PETITION No.2253 of 2025 This Criminal Petition is filed under Section 52g of Bharatiya Nagarik Surakslra Sanhita, 2023 (for short ,B N.S.S,) by the petitioners/accused Nos.8 and 21 to quash the proceedings against them in s.c. NDPS No.5 of 2023 pending on the fire of r Additionar District and sessions Judge at Bhongir, yadadri-Bhongir District, registered for the offences punishable under Sections B(c), 2O(b), 25, 27(a), 29 and 37 of the Narcotic Drugs and psychotropic Substances Act, 1985, Section 3,4 read with Section i5 of T.S. ExciseAct, Section 51(b) of Disaster l\iilanagement Act, 2005, Section eif l of Epidemic DiseaseAct, 1897 and Sections.lBg and 294 of lndian penal Code (for short "lPC").

2. Heard sri Koushik Kanduri, learned counser for the petitioners and sri Jithender Rao Veeramalla, learned Additionar public prosecutor for the respondent-State. perused the record.

3. The brief facts of the case are that on the intervening night of

11112.03.2021, on rer:eipt of credible information regarding an event in the farm house located at the outskirts of Narayanpur Viilage and that several persons gathered, the police went to the premises, found 500 members participating in the event and arso found that the members 2 were inharing ganja, consuming arcohoric drinks, food and dancing to the DJ sound. Suspecting it as a rave party, the police conducted search at the premises and seized 200 grams of ganja in a cover and lphone from the possession of accused No.2; 21 entry tickets of the .an rave party from accused No.4; (3) LSD blots from accused No.6 and black coloured lphone from accused No.7. Further, accused Nos.2 to 6 confessed the said offence of organizing a rave party and recovery panchanama was also drafted. Thereafter, the pollce concluded investigation and found that all the accused i.e., accused Nos.1 to .105 who gathered at the premises, are liable under various offences punishabre under penar provisions, D.M. Act and Ep'idemic Disease Act. 4' Learned counser for the petitioners contended that the petitioners, who are aged 25 and 27 years, are the street vendors and they have nothing to do with the rave party that was going on. They were apprehended on the road and farsery impricated in the said case. He further submits that during the pendency of this petition, NBWs were issued against the petitioners and on execution of the same, the petitioners were arrested and remanded to judiciar custody. Therefore, he prayed to quash the proceedings against the petitioners and release them. 5 On the other hand, learned Additional public prosecutor contendgd that accused Nos.'r to 105 have viorated the directions of the 3 Government in panclemic period' for which reason' they have to be prosecuted for the above offences and it is for the trial Court to decide the comPlicitY of the 'accused' As seen from the record' these petitioners' who were arrayed 6 found in the premises of farm house' as accused Nos S and 21 'were where the alleged rave party was going on' lt is not the case that these petitioners were subjected to any tests to conflrm that they were either inhaling ganja or they were under the influence of alcohol' Unless police specifies as to the role played by the petitioners that they were found with any substance that was prohibited' the petitionerg can be made punishable under any of the penal provisions' Mere presence of the petitioners at the scene would not attract any of the offences alleged' the Court below is in fact prohibited Under Section 195raX1) of Cr'P'C ' from taking cognizilnce of the offence punishable under Section 188 of lPC, unless it is filed by the concerned public servant Since no specific role is attributed to the petitioners and even assuming that the petitioners were found at the scene' it would not entail the prosecution of the petitioners for the offences alleged Hence' the proceedings against the petitiorrers are liable to be quashed' 7 Accorclinglly, the Criminal Petition is allowed and the proceedings agairrst the petitioners/accused Nos 8 and 21 in S'C No'5 I ( 4 r- of 2023 pending on the fire of r Additionar District and sessions Judge at Bhongir, Yadadri-Bhongir District, are hereby quashed. Further, the petitioners are directed not to involve in any similar offences.

8. Since the proceedings against the petitioners-accused Nos.g and 21 are quashed, the superintendent, District Jair, Nargonda, is forthwith dlrected to release the petitioners-accused Nos.g and 21, if they are not required in any other case. Ivliscellaneous applications pending, if any, shall stand closed. //TRUE COPYII SD/- N CHANDRA SEKHAR. ASSISTANT neelsrnei{. SE TION OFFICER To, 1 The lAdditional District and Sessions judge, at Bhongir, yadadri_Bhongir 2. The Station House Officer, Narayanpur police Station, Rachakonda 3' Two ccs to the pubric prosecuior,'Higncourt-il 4. One CC to Sri Kanduri Koushik, Advocate IOPUCI 5. Two CD Copies Hyderabad [OUT] tn" stutu of rerangana at ADK e J HIGH COURT DATED:1710212025 , ORDER CRLP.No.2253 ot 2025 4 1 ,,if s 14 r(- -a 1 / fll ii25 ,i I .. -i ,. \-: / ALLOWING THE CRLP