The High Court · 2025

2. K. Srikanth, S/o Not known to the petitioner, Age Major. Occ.. Sub lnspector of Police, PS Nizamabad, Town -lV, NizamabadOistri6t. ... Respondent-2/Defacto Com plainant ' Petition under Section 528 of BNSS 1482 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 quash the FIR No.41712025 dated. 1311112025 of Police Station Nizamabad Town-lV, in so far as offence under Section 8(c) r/w 22(c1,29 of NDPS Act '1985 is concerned including arrest, investigation and filing of final report, pending disposal of the above Criminal Petition in the interest of justice l.A. NO: 2 OF 2025 Petition under Section 528 of BNSS/ 482 of Cr.P.C prqying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings including arrest of the petitioners in FIR No. 41712025 dated. 1311112025 of Police Station Nizamabad Town - lV for the alleged offences 8(c) r/w 22(c), 29 of NDPS Act 1985 is concerned, pending disposal of the above Criminal Petition in the interest of justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of Mr RAMAVI\RAM CHANDRASHEKAR REDDY, Advocate for the Petitioners and Mr. V. JITHENDER RAO, the Additional Public Prosecutor on behalf of respondent No.1 and none appeared for the Respondent No.2 The Court made the following: ORDER {i A THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO ITIO Date: 05.12.2025 Between: R.Rathish Goud and another AND The State of Telangana, represented by Public Prosecutor, Through S.H.O., P.S.Nizamabad Town IV, High Court for the State of Telangana and another ...petitioners .respondents ORDER This Criminal Petition has been filed seeking to quash the proceedings in Crime No.417 of 2025 on the file of the Nizamabad Town-tV Police Station, Nizamabad District, wherein the petitioners were arrayed as accused Nos.3 and 4 for the offences punishable under Sections 8(c) read with 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'). \, \b \ I 2

2. Heard Mr.R.Chandrashekar Reddy, learned counsel for the petitio:ners and Mr.V.Jithendar Rao, learned Additional Public Prosecutor for respondent No.1.

3. .-earned counsel for the petitioners .submits that the petitioners have not committed any offence and that they u,ere falsely implicated in the present crime solely on the basis of the confesr;ion statement allegedly given by accused No.2. He contenrls that the said confession statement is not admissible in evidenr:e. He further submits that the alleged contraband was seized only from the possession of accused No.1. Therefore, the essential ingredients of the offences under Section 8(c) read with Sections 22(c) and29 of the NDPS Act are not attracted against the petitioners. Hence, continuation of the proceedings against the petitioners amounts to a clear abuse of the process of law.

4. Irr support of his submissions, he relied upon the order passed by the High Court of Punjab and Haryana in Mewa Singh v. State oJ' Punjob', dated 17 .06.2020. \

5. Per cohra, the learned Additional Public Prosecutor submits that specific allegations are levelled against the petitioners, ' CRM-M- tzo5t-zo2o I 3 the contraband was seized from the possession of accused No.1, he specifically stated that he had purchased the said contraband from accused No.2, who in tum stated that he had purchased it from the petitioners. Thus, the petitioners have contravened the provisions of the NDPS Act. The investigation is still in progress. He further submits that the petitioners had earlier approached this Court by filing Criminal Petition No.1 5094 of 2025 seeking anticipatory o-ail on the very same grounds raised in the present petition, and this Court dismissed the said criminal petition on 02.12.2025. Hence, based on the very sstme grounds, the petitioners are not entitled to seek quashing of the proceedings.

6. Having considered the rival submissions made by the respective parties and upon perusal of the material available on record, it reveals that there are allegations levelled against the petitioners that they have contravened the provisions of the NDPS Act Whether the petitioners were implicated in the present crime solely on the basis of the confession statement given by accused No.2, and whether the petitioners had any role in the commission of the present offence or not, have to be revealed during the course of investigation, especially the investigation is under progress. _/ \ \ 4 r,

7. Ihe precedent relied upon by the learned counsel for the petitio:rers is not applicable to the facts and circumstances of the present case, on the ground that in that case the parties had approached the High Court of Punjab and Haryana seeking anticipatory bail, whereas in the present case, the petitioners are seekinl3 quashing of the proceedings in Crime No.4l7 of 2025 on the file of the Town-IV Police Station, Nizamabad District.

8. Iror the foregoing reasons, this Court does not find any grounds to quash the proceedings in Crime No.417 of 2025 on the file of he Town-IV Police Station, Nizamabad District, especially the invr:stigation is under progress.

9. l\ccordingly, the Criminal Petition is dismissed. However, it is madr: clear that any of the observations made in this order are only confined for the purpose of deciding this case. F'ending miscellaneous applications, if any, shall stand closed. SD/. AHMED ABDULLA KHAN ASSISTANT REGISTRAR /ffRUE COPY'/ OFFICER To,

1. The Spr:cial Judicial First Class (Mobile) Magistrate at Nizamabad. 2. The Station House Officef, Town lV Police Station. Nizamabad Dist. :.,,., -, aiffiFa :::iri$tEF,i"="***;al++^*'''

3. Two CCs to the Public Prosecutor, High Court for the State of Telangana, at Hyderabad. IOUTI

4. One CC to Mr. RAMAVARAM CHANDRASHEKAR REDDY, Advocate[OPUC] 5. Two CD CoPies / RC/PSL F{,- ! I I I : i : \ \ HIGH CICURT DATED: 05/1 U2A25 I ORDER CRLP.NIc.16006 ot 2025 I o O S 3 t ,iLl'l Zltlt' * + y{; G' -/: Jt:' Accordingly, this Criminal Petition is Dismissed. 96 .dd X- a5 €