The High Court · 2025

The State of Telangana, Rep. by its Public Prosecutor, High Court, Hyderabad Through the Station House Officer, Narayanpur P.S., YadadriBhongiri District. ...RESPONDENT/RESPONDENTS 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 1"t Additional District and Sessions Court, at Bhongir, Yadadri-Bhongir District against the Petitioners/Accused No. 80, 84 and 95 I.A. NO: 2 OF 2025 Petition under Section 482 of Cr-P.C 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 Petitioners in SC NDPS No. 5/2023, on the file of the I Additional District and Sessions Court, at Bhongir, Yadadri-Bhongir District against the Petitioner/Accused No. 80, 84 and 95 herein pending disposal of the criminal Petition l.A. NO: 1 OF 2025 Petition under section 482 of cr.p .c praying that in the circumstances stated in the Memorandum of Grounds of crimrnal petition, the High court may be pfeased to dispensie with filing of the original certified copy of sb ruops lvo usl2023 on the file cf the I Additional District and session'court at Bhongiri, Yadadri- Bhongiri District before this Honourable Court This Petition coming on for hearing, upon perusing the Memorandum of Grounds . of criminal Petition and upon hearing the arguments of Ms. Boreda Neharika Varma, learned counsel representing sri DoNKURI MALLIKARJUN ,Advocate for the f)etitioner and SRl. JITHENDER RAO VEERAMALLA, Additional Public Prosecutor on behalf of the Sole Respondent The Court made the following: ORDER i, I I THE HONOURABLE SRIJUSTICE N. TUKARAMJI CRIMINAL PETITIO N No.7190 of 2O25 ORDER: This petition is filed under Section S2g of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023') seeking quashment of the proceedings in SC NDpSNo.0S oI 2023 pending on the file of the I Additional District and Sessions Judge at Bhongir, yadadri_ Bhongiri District against the petitioners/accused Nos.g0, 84 and g5.

2. Heard Ms.Boreda Neharika Varma, learned counsel representing Mr.Donkuri Mallikarjun, learned counsel for petitioners, Mr.Jithender Rao Veeramalla, learned Additional public prosecutor appearing for the respondent-State.

3. The petitioners are accused Nos.B0, 84 and 95 in SC NDpS No.05 of 2023 facing accusation under Sections B(c), 20 (b), 25, 2l (a), 29,37 of the Narcotic Drugs and psychotropic Substances Act, 1985, Section 34 read with Section 1 5 of T.S.Excise Act, Section 51(b) of Disaster Management Act, 2005, Section 3(1) of Epidemic Disease Act, 1897 and Sections 188 and 294 of Indian penal Code, 1g60.

4. The prosecution case in brief is that on reliable information about conducting an event in the farm house situated in the outskirts of Narayanpur village, the police surprised the premises and found 2 ,VIII;.- CRL.P.No.7 l90 of 2025 - "- gathering of 105 members, who were consuming alcoholic drinks and inhaling ganja and on search, the police found 150 grams of ganja in a cover and i phr:ne in the possession of the accused No'1' entry tickets numbering 21 frcm the accused No.4, LSD blots 3 in number from the accused No.6 and i phone from the accused No.7. on further enquiry, accused Nos.2 to 6 made statements of confession, which were recorded under the mediators report, upon which, the police laid charge sheet against the petitioners-accused.

5. Learned counsel for the petitioners would submit that the petitioners are innocent and they were implicated only on the alleged confessional s,tatements of co-accused. she further pleads that this Court having considered the petition filed by accused No 38 vide Crl.P.No.3158 of 2023, passed an order quashing the proceedings against him. As the petitioners are in the same footing, prayed for similar relief.

6. Learnecl Additional Public Prosecutor would submit that the involvement of the petitioners had came to light by the confessional statements of co-accuSed and all the accused had violated the directions issued by the Government during pandemic. Nonetheless, petition filed by the other accused, who are in similar footing to that of accused No.38, has been quashed by this Court vide Crl.P.No.3158 of

7. I have perused the materials on record NTR,J CRL.P.No.7l90 of 2025

8. Admittedly, the petitioners were not apprehended physically in the premises by the police and their role has been made out basing on the statements of co-accused. The charge sheet is not referring to any medical tests conducted by the prosecution on the petitioners to prove the. aspects of inhaling the ganja/narcotic substance. Additionally there is no other aspect to unravel the prosecutable conduct of the petitioners and mere presence even in the place of alleged occurrence would not attract any offence. Above all the cognizance of the offences punishable under Section .lBg of lpC requires complaint by the public servant. That apart, the petitioners are in similar stands to that of accused No.38 against whom the proceedings in the self same case has been quashed. ln this position, continuance of proceedings against the petitioners would be abuse of process. Thus, the proceedings against the petitioners in SC NDpS No.05 of 2023 are liable to be and are accordingly quashed.

9. ln the result, this Criminal petition is allowed Miscellaneous petitions, pending if any, shall stand closed. Sd/- S. MALLTKARJUNA RAO ASSISTANT REGISTRAR //TRUE COPY// sEcTto OFFICER 1 The lAdditional District and Sessions Court, at Bhongir, yadadri_Bhongir District To, }lE*F-rF=% -7 I

2. The Station House Officer, Narayanpur Police Station, Narayanpur, Yadadri- Bhongir District 3 One CC to SRI DONKURI MALLIKARJUN Advocate IOPUC] 4. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

5. Two CD Copir:s VM/PSL Ye- I ) HrcH COURT DATED: 1810612025 I t ORDER CRLP.No.7190 ot ?-0?5 -i tl= S-r 4r€ s( L-) 2 g AllB 206 n. 1 .--? l -. -..--j' ( / L ALLOWING THE CRIMINAL PETITION I ctR(eA &u'' I a