The High Court · 2025

The State of Telangana, Rep by its Public Prosecutor High Court Through SHO PS KPHB ColonY Cyberabao' ...RESPONDENT/RESPONDENT

2. K. Lingam, Sub-lnspector of Police' PS KPHB' Cyberabad' (Respondent No.2 is a formal party and not a necessary party) ...RESPONDENT/DEFACTO COMPLAINANT Petition under Section 482 ol Cr 'P C P[aVing that in the circumstances stated in the Memorand'#"rt?*ot oi C'irnin''r Fetition' the High Court may uni'rJr*'"| pioceeoings in,cr. No. 3zgt2o2s dated 08- be oreased to euash o3-2o25.PS.KPHB Coron','tv-u"iItJo-oitt'i"tltor the offences U/Sec 8(C) r/w iitq,ib, zJ oillops Aci registered against the Petitioner' r.A. NO: 20 F 2025 "rr Petition under Section 482 of Cr'P'-C PlaYlngr that in the circumstances stated in the Memorandr#"tt".*OJoi Cli,i,inlr ietition, the High Court may be oleased to Stay of all further proceedings against the Petitioner/Accused No in PS KPHB colonv' 2 in cr. No. 329t2025 i"t"l'oir:oi-20iS -iegistered cvberabad District, tor tn""Jtrlicet uli"" 8(c) ;/w 22(c)' 29' 27 of NDPS Act' JJnOing disposal of the Criminal Petition ThisPetitioncomingonforhearing,uponperusingtheMemorandumof Grounds of Criminal petition and upon hearing the arguments of Sri RAGHU GURRAM, AdVOCAIE fOr thE PCtitiONEr ANd Sri. M VIVEKANANDA REDDY, Assistant public prosecutor, on behalf of the Respondent No.1. The Court made the following: ORDER 1 THE HON,BLE SMT' JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.71 52 0F 2025 ORDER This Criminal Petition is filed by the petitioner - accuscd No.2 seeking to quash the FIR No'329 of 2025 on lhe hle of the P.S.KPHB Colony, Cyberabad' registered for the offences under Section 8(c) read with Sections 22(cl ' 29 and' 27 ol The Narcotic Drugs and Psychotropic Substances Act' 1985 (for short "NDPS Act")

2. Heard the submissions of Sri Raghu (iurram' learned counsel for the petitroner and Sri M'Vivekananda Reddy' Iearned Assistant Public Prosecutor for the respondent No'1 - State

3. The learned petitioner counsel has submitted that the petitioner is an innocent person and Lhat he is looking afler the busincss ol his father at the prcmises of his godown and that suddenly on 07.O3 2025, the police rushed to their premiscs and apprehended him' He further argued that the crime is registered on08.o3.2025,whilethepetitionerwasapprehendedpriortothe registration of crime with a false intention and that he is no way connected with the allegations leveled against him' the petitioner has lodged a complaint against the said police ofticials before the' 2 i Commissioner of policc on 19 .O5.2O25, he therefore, prayed to quash thc lurthcr proceccrings in the above saicr crime. 4 '['he lea rncd Assis la nt Pr-rblic prosecutor, on the other hand, has submittcd Lhat ol-r crcdible information the police have apprchended thc petitioncr herein and that the police have no anrmoslty against thc pctitioner and that they discharged their duties. He further argued that truth or otherwise shall come out during thc course ol. in vestigation and that the charge sheet shall be filcd aftcr Lhorough irvestigation He therefore, prayed to dismiss thc pcLii ion.

5. Perusetj thc rsr.rr.l

6. A perusal of the rccord reveals that the crime is registered on 08.03.2025 under Section g(c) read with Sections 22(c),29 and, 27 of NDpS Act, on a complaint loclged by the Sub_Inspector of Police, KPHB pS, cvbcr:rbad. 1.hc contents of the said complaint reveal that the Sub-rr-rspcctor of porice, KpHB pS had a credibre information that one biack foreigner aged about 36 years is in possession of Narcotic l)rug like MDMA drug and is waiting at KPHB Colonv, Addagutta Society near Vishal Mart Shopping Mall on the road to sell the same [o needy customer. The police have rushed to thc sccne of ofl.cnce located at KpHB colony and that \ J they have apprehended accused No' 1 namely Aazah Joshua Okechiku and that they have found zip lock covers containing MDMA drug in a bag belonging to accused No 1 and on thorough enquiry accused No.1 has confessed that he has come down to hand ovcr the drug to accused No 2 i'e the petitioner herein' After following due procedure, the accused were apprehended'

7. The petitioner in support of his case has filed a copy of the complaint lodged by him against the police before the Commissioner of Police and he has also enclosed the photographs depicting his apprehension. The said photographs reveal the date and time as 07 .O3.2O25 at I 1'4g 45 while the FIR is dated 08.03.2025. Thus, the counsel for the petitioner contends that the petitloner was apprehended on false allegations' However' the investigation is still in progress and the police are yet to file charge shcet. As submitted by the learned Assistant Public Prosecutor, no animosity can be attributed to the police ofhcers in apprehencling the accused. Thus, this Court is of the opinion that it is not proper to interfere with the process of investigation in such cases.

8. In view of the above, the criminal petition is disposed of directing the police to conclude the investigation in FIR No.329 of 2025 on the file ot the P.S.KPHB Colony, Cyberabad, strictly in 4 t: t 1: accordance with raw and fire charge sheet before the concerned Court, without taking any coercive steps against the petitioner. Further, the petitioner shall co_operate with the Investigating Officer as and when required for the purpose of investigation. Miscellaneous appiications pending, if any, shall stand closed "'^t.',3iiI,IA:t,EiRiI SECTION OFFICER To, //TRUE COPYII

1. The TVAJCJ Cum XV Medchal Kukatpalty, Addition al Judicial Magistrate of First Class at Malkajgi n District The Station House Officer, KpHB Colony p.S., Cyberabad. One CC to SRl. RAGHU G t' to P UB L I c r* J:n: lt;T:"',T::i, e State of Telangana ,8.?r? " 2 J

4. A Two CD Copies MKN /ABK f -1\ r I I i HIGH COURT DATED:1810712025 -.- -- .Z/1 t ac- S /',-.-t' r 4r€ 10 sEP 2125 o. \. "li...,,^..,..,, ORDER CRLP.No.7152 ot 2025 / ,4 , / Z DISPOSING THE CRIMINAL PETITION