The High Court · 2025

The State of Telangana, Rep by its Public Prosecutor, High Court for the State of Telangana, At Hyderabad ..RESPONDENT 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 proceedings against the Petitioner in Chargesheet filed in SC NDPS No. 174 of 2025 filed under Sections 8(c), R/w Section 21(c), 22(c), 27 and 29 of the NDPS Act, 1985 and Sections 468, 471 and 420 of the 1PC on the file of Rajendranagar Police Station. l.A. NO: 2OF 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 against the Petitioner/ Accused No.1 in Crime No. 62 of 2024 filed under Sections 8(c), r/w Section 21(c), 22(c), 27 and 29 of the NDPS Act, 1985 on the file of Rajendranagar Police Station. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri OMAR A PASHA, Advocate for the Petitioner and Ms. Shalini Saxena, Assistant Public Prosecutor on behalf of the Sole Respondent. The Court made the following: ORDER THE HON'BLE SMT. JUSTICE TIRUMALA I IEVI EADA CRIMINAL P ETITIO N No.12149 o1 72125 ORDER: This criminal petition is filed seeking to quasl the proceedings against the petitioner-accused No.1 in SC NDPS ll t.114 of 2OZ5 for the offences under Sections 8 (c) read with 21 (c), , :2 (c), 27 and 29 of the Narcotic Drugs and Psychotropic Substan,: ls Act (for short 'NDPS Act') and 471 and 420 lpC arising out of Crime No.62 of 2024 on the file of Rajendra Nagar police Station, () rberabad.

2. Heard Mr.Omar A. pasha, learned ;ounsel for the petitioner and Ms.Shalini Saxena, learned I ssistant public Prosecutor for the respondent-State.

3. Learned counsel for the petitioner has sr bmitted that the petitioner herein is a doctor and that he was not in fl e country at the time when the present case was registered against him and that he I i I I I is a responsible doctor enjoying reputation in the I iociety and that there is no point in continuing the proceedings n a false case against the petitioner and he, therefore, prayec to quash the proceedings. ,, I 2 ETD,J Crl.P. No.l2149 of ZO2S 4' Learned Assistant pubric prosecutor has submitted that the petitioner is accused No.1 in the case and it is only on his instructions that the entire offence has taken prace and thus the accused have resorted to procure the Fentanyl Citrate lnjection by placing false requisitions and sold the same to needy persons, who got addicted to the said drug at a higher price for unlaMul gains and he therefore, prayed to dismiss the petition.

5. Perused the record.

6. lt is alleged that the petitioner hatched a plan with other accused i.e. 44 to A7 to sell the Fentanyl lnjection illegally to the needy persons, who got addicted to it, to gain monetary benefit. lt is further alleged that Al , A4 to A7 had negotiated with A8, who assured to supply the said drug, pursuant to which ,46 has forged the signature of one doctor without his knowredge and signed on the proforma and filled the same with patient,s name about requirement of Fentanyl citrate rnjection for each patient and used the said forged signature document as genuine and given it to AB by which all the accused have procured the said drug and sold it to the ctftomers at higher price. Thus, there is prima facie case against the letitioner-Al pointing out specific allegations against him, that he hatched the plan of procuring the said drug and selling it to the l ; t i i J ETD,J Cn.P. No.12149 ot 2025 needy customers. lt involves triable issues and fl- e truth has to be elicited during the course of trial.

7. lt is the further contention of the learner I counsel for the petitioner that the petitioner was not in the count^. when the crime was registered. But, the plea of alibi cannot be rr ground to quash the proceedings as held by the Hon'ble Apex (;r ,urt in Harjinder Singh v. The State of punjab and Anotherl that tre plea of alibi is a matter of defence to be estabrished during the rr ar and not at the stage of summoning. ln the said case, the police e:cepted the plea of alibi during investigation advanced by the resp: rdent No.2, who produced a parking-lot slip, outpatient record, med r al bill and CCTV footage from PGI chandigarh and the rnvestigating officer has fired a report classifying the respondent No.2 as innocerr . Consequenfly, only the remaining accused were commifted t I the Court of Sessions. on an apprication by the pubric prosec,l rr, the triar court ordered summons to the respondent No.2 under Section 1g3 of Cr.P.C. This order was challenged before the Hi3 r Court wherein the High Court has quashed the said summons. \ /hen the matter reached the Apex court, the Apex court has set aside the decision of the High Court to quash the trial court,s srr nmoning order, 1 2025 LiveLaw (SC) 543 I I 4 ETO,J Crl.P. No.l2tt9 of i02S emphasizing that untested documentary evidence cannot be treated as conclusive at the summoning stage. Thus, the trial court,s orders were restored.

8. Hence, in the light of the above decision, the plea of alibi cannot be a ground for quashing the proceedings. Thus, in view of serious nature of the ailegations as discussed above, the petition cannot be entertained and hence, the same is riabre to be dismissed.

9. Accordingly, the Criminal petition is dismissed. Miscellaneous Petitions pending, if any, shall stand closed. SD/-B.REKHA RANI ASSISTANT REGISTRAR //TRUE COPY// ECTION OFFICER To, 1 . The Xl Additional Metropolitan Magistrate, Cyberabad at Ralendra Nagar, Ranga Reddy District.

2. The Station House Officer, Cyberabad Commissionerate, Police Station Rajendra Nagar.

3. One CC to SRI OMAR A PASHA, Advocate [OPUC] 4. One CC to PUBLIC PROSECUTOR, High Court for the State of Telangana, High Court premises, Hyderabad [OUT]

5. Two CD Copies. ABK HIGH COURT DATED:1311012025 ORDER CRLP.No.12149 of 2025 ,/ . : - .; I; ;.-;:'-'.r.':: ... [:e i[5 \.\ ;,, .., CRIMINAL PETITION IS DISMISSED. (A \\ )) t\