The High Court · 2025

Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings including arrest of the petitioner/A3 in Crime No. 93 of 2O25, dated 03.02.2025 of Banjara Hills P S' Hyderabad District, pending disposal of the main criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri. VIJAY KUMAR PANUGANTI, Advocate for the Petitioner and the Sri. E. Ganesh, Assistant Public Prosecutor on behalf of the Respondent No.1 and of None appeared for the ResPondent No.2. The Court made the following ORDER: I THE HONOURABLE SRI JUSTICE E.V. VENU,GOPAL CRIMINAL PETITIoN No.2398 of 2o25 ORDER: This petition is filed under Section 528 of' Bharatiya Nagarik Suraksha Sanhita, 2023 (for short tsNSii, 2023) to quash the proceedings in Crime No.93 of 2025 on the file of the Banjarahills Police Station, Hyderabad District, against the petitioner-accused No.3 for the offences under Secti:rns 8c, read with 2O(bXiiXA) and 27 (b) of the Narcotic Drugs and Psychotropic Substances Act.

2. Heard Mr.Vijay Kumar Panuganti, learned counsel for the petitioner, Mr.E.Galesh, learned Assistant Public Prosecutor appearing for the respondent No.1-State.

3. The brief facts of the case are that on O3.O2.2(t25 at about

17.50 hours on receipt of credible information that three persons consuming Ganja at opposite Gowri Shttkar Wines, Banjara Hills, the Sub-Inspector of police has marle GD entry and informed the same to the Inspector of Police. Thereafter, along with two panchas and PC 6675 Kishore Kuml.r, HF 4516 Jani, clues team, reached the spot opposite Goviri Shankar 2 i*,t CkL.P.No.2398 of 2025 Wines, Banjara Hills and apprehended the accused Nos. 1 to 3, one of them holding black polythene cover. Being questioned to them, they have confessed that they have habit of consuming ganja and as usual today tl.ey were consuming ganja at opposite Gowri Shankar Wines, Banjara Hills and they used to purchase the Dry Ganjha sachets of 1O grams for Rs'25O/- from a loeown person by name Tanish during late night house, later they took out one small transparent packet from the black polythene cover and they revealed that it was Gnaja. Then, the Sub-Inspector of Police has recorded the confessional cum seizure panchanama of the accused No.3 in the presence of mediators in which he stated the accused used to consume ganja regularly along with his friends at opposite to Gowri Shankar wines, Balj ara Hills and seized one iPhone 11, Neon colour from the peLitioner.

4. Learned counsel for the petitioner would submit that the facts in this present case a-re covered by the orders passed by this Court in Cr1.P.No.1O10 of 2024, dated 06.O|'2025 and Crl.P.Nos.1296 and l24O of 2024, dated L2.O6-2O24' It is further submitted that the petitioner is innocent and the respondent police apprehended the petitioner while he was going to purchase alcohol at Gowri Shankar Wines, Banj ara '1\ A 3 EVY,J C Rl,.,P. No. 2 3 9 8 of 2 0 2 5 Hills and he is unnecessarily dragged into this oase arld the petitioner is a job holder. It is further submitted that no evidence has been collected against the petitioner to attract the ingredients of Section 27 of NDPS Act. Learned ccunsel for the petitioner would rely upon the guideline No.7 of 1he judgment passed by the Hon'ble Supreme Court of India in r:ase of State of Haryana u Bhajanlal, which is extracted hereu.nder:

7. Where a ciminal proceeding is manifestlg attended with mala fide and/or u.there the proceedtng is maliciouslg instituted u.titl. an ulterior motiue for ureaking uengeance on the accused and u.tith a uieru to spite him dt'.e to priuate and personal grudge." Hence, he seeks indulgence of this Court

5. Learned Assistant Public Prosecutor would submit that the crime is at the investigation stage and FSL report is awaited and hence at this stage, interference of this ()ourt is not warranted. The offence under NDPS Act is serious in nature, it is affecting the social structure of the society an<i if liberty is granted to the petitioner, it would ultimately spoil the future of the petitioner. Therefore, he seeks to dismiss the criminal petition at this preliminar5r stage. 4 EW,J CRL.P.No.2398 of 2025

6. Having heard learned counsel for t-lre petitioner and learned Assistant Public Prosecutor and after having careful examination of material before this Court, this Court seized of the fact that the complaint frled by ttre Sub-Inspector of Police does not attract the provisions of NDPS and the complaint itself is ambiguous as the complaint denotes that the three accused have taken transparent packets of ganja and sometime in the complaint it is stated that the contraband substances have been obtained from one E.Balaji, who is accused No.l and contraqr statements have been made in the said complaint that the respondent complainant seized the Cry ganja sachets of l0 grams and on the other hand, the respondent police have seized the dry ganja sachets of 12 grams. The petitioner was not send for medical examination to know whether the petitioner has consumed any narcotic substance. Except his confessional statement, there is no other material to attract the offence under Section 27 of NDPS Act against the petitioner. The Hon'ble Supreme Court in case of Tofan Stngh u State oJ Tamilanadur had held that that voluntar5r statement recorded under Section 67 ofthe NDPS Act had been retract and so, they had no -evidentiar5r value. Therefore, this Court deems it I 2olr ntn scw s?4o 5 EW,J CRl. P.No.2398 of2025 appropriate to quash the proceedings against the petitioner- accused No.3 in Crime No.93 of 2O25 on the hle o{ the Banjara Hills Police Station, Hyderabad District.

7. Accordingly, this criminal petition is allowe,d, quashing the proceedings against the petitioner in Crime N,1.93 of 2025 on the file of the Banjara Hills Police Station Hyderabad District. Miscellaleous petitions, pending if any, shall stand closed. SD/. V.KAVITHA I)EPUTY REGISTRAR \ i ', \1 1l SECTION OFFICER /ITRUE COPY// To,

1. The lll Additional Chief Judicial Magistrate, Hyderabad. 2. The Station House Officer, Police Station Banjara Hills, -lyderabad District. 3. One CC to Sri. VIJAY KUMAR PANUGANTT, Advocate IOpUCl. 4. Two CCs to PUBLIC PROSECUTOR, High Court for the State of Telangana at Hyderabad [OUTI.

5. Two CD Copies TTS/PSL N/ ,\.'. ".. ..ir ',-'\ ;, li ;i 2 5 llP 2025 .',,': J \.:\a- HIGH COURT DATED: 25lOGl2O25 ORDER CRLP.No.2398 ol 2O25 CRIMINAL PETITION IS ALLOWED q t6