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 quash the charge sheet in sc NDPS No. 5/2023, on the file of the 1st Additional bistrict and Selsions Court, at Bhongir, Yadadri-Bhongir District against the Petitioners/Accused No.44 and 53 herein; .A. NO: 2 OF 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 stay all further proceedings including attendance of the Petitioner in bC ruOpS No. StZOZg, on the file of the Hon'ble Additional District and Sessions Court, at Bhongir, Yadadri-Bhongir District against the Petitioner/Accused No. 50 and 63 herein; This Petition coming on for hearing,upon perusing the Memorandum -of Grounds of criminal Petition and upon hearing the arguments of sri DoNKURI MALLIKARJUN, Advocate for the Petitioners and sri Jithender Rao Veeramalla, Addl. Public Prosecutor on behalf of the Respondent; The Court made the following ORDER: d THE HONOURABLE SMT. JUSTICE JUWADISRIDEVI / CRIMINAL PETITION No.2563 ot 2025 ORDER Petitioners, who are accused Nos.50 and 63 in S.C.NDPS.No.5 o'f 2023 on the file of the learned I Additional District & Sessions Judge at Bhongiri, Yadadri-Bhongiri District, registered for the offences under Sections 8(c),20(b),25,27(a), 29,37 of the Narcotics Drugs & Psychotropic Substances Act, 1985, Section 34 read with 15 of the Telangana State Excise Act, Section 5'1 (b) of the Disaster [4anagement Act, 2005 and Section 3(1) of the Epidemic Decease Act, 1897 and Sections 188,294 of the lndian Penal Code, are seeking to quash the proceedings against them

02. Heard Sri Donkuri tMallikarjun, learned counsel for the petitioners and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for the State and perused the record

03. The case of the 2nd respondent - de facto complainant is that having received the information regarding conducting an event in the farm house located in the outskirts of Narayanpur Village with DJ sound and that several persons gathered, the Police went to the premises and found 500 members participating in the event. lt was found that the members were inhaling ganja, consuming alcoholic drinks, food and dancing to the DJ sound. The \ I 2 police suspected it as a rave party. The Police, conducted search at the premises and seized 200 grams of Ganja in a cover and an iphone from the possession of accused No.2;21 entry tickets of the rave party were seized from accused ruo.a; (3) LSD blots from accused No.6 and black colored iphone 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 Police concluded investigation and found that all the accused Nos.1 to 105 who gathered at the premises are liable under various offences punishable under penal provisions, Disaster Management Act and the Epidemic Disease Act

04. Learned counsel for the petitioners would submit that the petitioners are innocent and has nothing to do with the rave party that was going on. They were apprehended on the road and falsely implicated in the said case, for which reason, the proceedings against the petitioners have to be quashed. Further, it is submitted that the proceedings against the accused Nos.12, 20, 46 and 66 were quashed by this Court vide Orders dated 18.11.2024 passed in CRL.P.No.13906 of 2024 and the proceedings against the accused No.38 were quashed by this Court vide Orders dated 31.03.2023 passed in CRL.P.No.3158 of 2023 The petitioners-accused Nos.50 and 63 were also standing on the \ ) 3 same footing as that of the petitioners in CRL.p.Nos.13906 of ZO24 and 3158 of2023.

05. On the other hand, learned Additional Public prosecutor would submit that accused Nos.1 to 'l 05 have violated the directions of the Government in pandemic period, for which reason, they have to be prosecuted for the above offences and it is for the learned trial Court to decide the complicity of the accused.

06. As seen from the incident, the petitioners who were arrayed as accused Nos.50 and 63 were found in the premises of farm house where the alleged rave party was going on. lt is not the \ case that these petitioners were subjected to any tests to confirm that they were either inhaling ganja or they are under the influence of alcohol. Unless, the Police specify as to the role played by the petitioners that they were found with any substance that was prohibited, the petitioners cannot 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. Under Section 195(a)(1) of the Code of Criminal procedure, the Court is infact prohibited from taking cognizance of offence punishable under Section 188 of lPC, unless it is filed by the competent public Servant. Since no specific role is attributed to the petitioners and assuming that the petitioners were found at the scene would not -l I - 4 entail the prosecution of the petitioners for the offences alleged' Hence, the proceedings against the petitioners are liable to be quashed.

07. Accordingly, the Criminal Petition is allowed and the proceedings against the petitioners-accused Nos 50 and 63 in S.C.NDPS.No .5 of 2023 on the file of the learned I Additional District & Sessions Judge at Bhongiri, Yadadri-Bhongiri District' are hereby quashed. As a sequel, miscellaneous petitions pending' if any' shall stand closed sd/- P PADMANABHA REDDY ASS TANT REGISTRAR //TRUE COPY// SECTION OFFICER dri-B hongir District The lAddl District & Sessions Judge, Bhongir' Ya The lAddl. Se ssions Judge, Nalgonda The Station House One CC to SRI- D Two CCs to PUBL Two CD CoPies hongir District Officer, NarayanaP ur P.S., Yadadri-B ON KURI MALLIKARJ UN Advocate [OPUC] tcPROSECUTOR, H igh Court at HYderabad (ouT) To

1. 2. 2 4 5 6 VSM/PRw HIGH COURT DATED:21 10212025 ) t ) ,) lJ 1 11: STAT 6 , o .b {- t 2 0 r{A\ 20[ t DSs n.,r C ORDER CRLP.No.2563 ot 2025 ALLOWING THE CRIMINAL PETITION q cdpqeA Y" i(5[*u