The High Court · 2025

Petition under Section 529 of BNSs, 2023 prayingthat in the circumstances stated in the Memorandum of Grounds or criminal ietition, the High court may be pteased to rerease the peritioner's ra"to.v'i seirea equifment. iir-iin"Eip""" of operation of the same. keeping as is and *no" i. Jrrv r"ii"*rrgliL compracence required. as qer the procedures contempratea '"s ih"n required. which are 22 No.s of Reactors, 7 No.s of centrifuges, one steam Boirer and 6 No.s of tray driers. which are rocated in it" pi"ri"es Company.situated at Sy No 1Bg, teS, Ramalipet'Viltage, yadagirigutta Mandal, "i-F"iiti"r", Yadadri-Bhonsir District. r"]1l.s.T:.gtrlq nv d;*hi"S ihe orde;;a"ss;; i, iii M. p. No. 265 0F 2025 in cRrME NO tts oi-iizq aatea 3o_oo_2ois ir," ril of the I Additionat District and Sessions Judge, al Bnongir; "oniition. "nJ ". I.A. NO:2OF 2025 Petition under Section- 528 of BNSS, 2023 pray:ing that in the circumstances stated in the Memorandum ot Gro,no. oi ciirin"i Futit,on,iii" ll]S_h _C_ourt may be pleased to suspend the order passeO in the CRL. M. p. NO. 265 oF 202i in cRrME No 375 oF 2o2q darctd'i0-06-202s on ftre nie or'ii" Honorable I Additional District and Sessions .iuOge, ai ef,ongir; - -"- This petition coming on for hearing,upon perusing the Memorandum of Grounds of criminar petition and upon hearing the arguments of sri ALMAS BEGUM MOHAMMED, Advocate tbr f,e ano sri Jithender Rao Veeramatt, Additionat. pubtic prosecutor o;behaff;i ine Respondent; The Court made the following: ORDER -pel]tionlr THE HON'BLE SMT. JUSTICE TIRUMALA DE 4 EADA CRIMINAL PETITION No.8461 ot 2O2l ORDER: This Criminal Petition is filed under Sectior 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (tor sh: t 'BNSS') by the petitioner/company seeking to release thr petitioner's company equipment pertaining to the seized faclc y by setting aside the orders passed in Crl.M.P.No.265 of 2025 t y the learned I Additional District and Sessions Judge, at Bl< ngir, for the alleged offences punishable under Section 8(c) ree j with 21 (c) and 29 of the Narcotic Drugs And Psychotropic Su rstances Act, 1985 (for short 'NDPS').

2. Heard Sri Almas Mohammed, learned cct nsel for the petitioner and Sri Jithender Rao Veeramalla, learn :d Additional Public Prosecutor appearing for the respondent No 1 -State

3. Leamed counsel for the petitioner submil ed that the petitioneds factory equipment was seized by the Pc ice as a part of investigation under the alleged offences of Nil rS Act. He further submitted that the equipment was lying idle v ith the Police and that if it is not put to proper use, it would becon e rusted and they may not be able to use the equipment in futur r. He further submitted that petitioner company is under lease a1 reement with i 2 €TE.' Crl.P E46l 2025 BENOVA LABS PRIVATE LIMITED and that the petitioner company shall hand over the equipment by 05.12.2024 and the said company paid advance of 36 lakhs and said company is stilt ready to utilise the petitioner's company equipment. Fle further submitted that they cannot run the factory without this equipment and they approached the learned I Additional District and Sessions Judge, at Bhongir, to release the equipment however the trial Court has not appreciated the same and dismissed the petition. Therefore, he prayed to set aside the said order and to release the said equipment of the factory.

4. On the other hand, learned Additional Public Prosecutor opposed the submissions of the learned counsel for the petitioner stating that the technical director of the company is one of the accused i.e., the accrued No.'10 and that without him they may not able to run the facility. He further submitted that the company does not have necessary permissions and it is not known whether the petitioner's company is authorised to obtain the sakl permission to run the facility. Therefore, he prayed to uphold the orders of the trial Court.

5. A Perusal of the record reveals that the F.l.R. was registered on 25.11.2024, whereas the alleged lease agreement 3 ETD, J Ctl.P U6l 2025 is dated 11.11.2024. This indicates that the lease e greement was executed prior to the F.l.R. The record further di..;r loses that the offences alleged are under the Narcotic Drugs arrr Psychotropic Substances Act (NDPS Act). The FSL report, whir:l forms part of the record, confirms that the seized material wa: found to be 'Mephedrone', a controlled substance. lt is furthe r revealed that the seized equipment was under the control of a I hareholder of the company, namely N. Chandrashekhar Reddy, rt the time of seizure, and the seizure was conducted in the pr sence of the Drug lnspector. lt further reveals that the petitior )r's company does not possess valid permission from the Pc I :tion Control Board, which suggests that even the lessee had nc t obtained all lhe necessary statutory approvals. A Board Res rlution dated

25.06.2025 has been placed on record, which ind ( ates that the company resolved to appoint N. Chandrashekhar ; eddy, one of its shareholders, as the authorized representative of he company with effect from 26.05.2025. However, the technica lualifications of this individual are not disclosed in the record. Ful termore, the Technical Director of the company has been arraye( as Accused No.10 in the case. ln view of this, it would nct be safe or appropriate to release the seized equipment in Fi vour of the petitioner company at this stage. \ \ 4 ETD, J Ctl.P E46l 2025

6. ln view of the of the above discussion, the order passed by the Trial Court do not need any interference. Accordingly, the criminal petition is dismissed.

7. ln the result, the criminal petition is dismissed upholding the Order dated 30.06.2025 in Crl.M.P.No.265 ot 2025 passed by I Additional District and Sessions Judge, at Bhongir.

8. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. SD/- MOMINA MEHAR ASSISTANT REGISTRAR //TRUE COPY// ECTION OFFICER To, t'. 1 . The I Additional. District & Sessions Judge, Bhongir \ 2. The Station House Officer, Bibinagar e.5., Anongir 3. One CC to SRl. ALMAS BEGUM MOHAMMED Advocate tOpUCl 4. Two CCs to PUBLIC PROSECUTOR, High Court for the State of ielangana, I at Hyderabad. [OUTI

5. Two CD Copies VSM/PSL (r' HIGH COURT DATED:0410912025 '( ttailrx' C) IYo Ll- .-ls d=-- -==- t\ q'\i ,r.:, l.' ; G J ,l 16,'-\ ORDER CRLP.No.8461 of 2025 DISMISSING THE GRIMINAL PETITION -"t* {5-, .'9 c(a/