K.BRAHMANANDAM GOUD Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The present Criminal Revision Case is filed by the revision petitioner/A-5, under Sections 397 and 401 Cr.P.C., questioning the order, dated 06.11.2019, passed in Crl.M.P.No.1012 of 2019 in NDPS S.C.No.102 of 2018 on the file of the I-Additional District and Sessions Judge, Medak at Sangareddy, wherein and whereunder the application for discharge filed by the revision petitioner/A-5 in S.C.No.102 of 2018, was dismissed.

(2.) A charge sheet came to be filed against the revision petitioner/A-5 and others for the offences punishable under Sections 22, 28 and 29 of the N.D.P.S. Act, 1985. The allegations in the charge sheet are that on 26.07.2017 on reliable information that Alprazolam, a Psychotropic substance, was manufactured and secreted in the shed at Sy.No.353/AA, Kazipet (V), Narsapur Mandal, Medak District, the Intelligence Officer and staff conducted search in the presence of independent witnesses and found a cow-shed and a plastic cover, stitched out of HDPE sacks, on which the material relating to the Alprazolam is spread in the open sky. The Officers also found accused No.1, who is known to the revision petitioner/A-5, in the Real Estate business and the revision petitioner/A-5 informed him that the shed belongs to his family, as such accused No.1 took shed from accused No.4 on rental basis at Rs.20,000/- per month for the purpose of illegal manufacturing drugs. Thereafter, accused No.1 took the Officers to the adjacent portion of the shed, where they found a glass flask/reactor. Accused No.1 introduced accused No.2 in the Reactor shed. The Officers enquired accused No.1 about the material, which was spread on the plastic sheet, for which he replied that the material is a chemical illegally manufacturing by them by using the glass flask/reactor available in the shed. He further informed that he manufactured the Alprazolam with the help of accused No.2 in the above said premises and for the purpose of manufacturing the contraband, accused No.1 had purchased the intermediary chemical stage material from one Harnath Reddy of Miyapur and he brought 30 Kgs. of fourth stage material for manufacturing Alprazolam. Accused No.4 informed them that he is well aware of the nature of Alprazolam and its use and he is also having knowledge that his land is used for construction of the shed to manufacture the above said contraband.

(3.) During the pendency of the aforesaid Sessions Case., the revision petitioner/A-5 filed discharge application under Section 227 of Cr.P.C. By an order, dated 06.11.2019, the learned I-Additional District and Sessions Judge, Medak at Sangareddy, dismissed the said application. Challenging the same, the present Criminal Revision Case is filed.