ABDUL BASHEER BASHEER Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This criminal petition is filed under Section 482 of the Code of Criminal Procedure, 1973, by the petitioner seeking to quash the proceedings against him in Crime No.126 of 2018 pending on the file of the Station House Officer, Bachupally Police Station, Sangareddy District. The petitioner herein is accused No.3 in the said crime. The offences alleged against the petitioner in the remand report are under Sections 8(c) read with Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').

(2.) The allegations against the petitioner as per the remand report are that he is driver by profession. In 2018, accused No.1 faced financial problems. He came into contact with accused No.2. The maternal uncles of accused No.1 are doing business of toddy by mixing ebriety chemicals in it. They were involved in a case. Therefore, accused No.1 with an intention to earn more money easily in short period, accepted to purchase the chemical by enquiring with unknown persons for the purpose of preparation of alprazolam (NDPS substance). In the said process, he came into contact with his friend, the petitioner herein, who is resident of IDA Bollarum. Accused No.1 informed about procurement of the said chemical for the purpose of preparation of alprazolam (NDPS substance) for which the petitioner has accepted. Therefore, accused No.1 gave an amount of Rs.3,00,000/- to the petitioner and he has arranged P2 S5 (Phosphorous Pentasulfide) of two drums 400 Kilograms and Benzyl Cyanide 200 liters in the year 2017. Thus, the petitioner has actively involved in commission of offence. He has procured the said chemical and gave it to accused No.1 by taking an amount of Rs.3,00,000/-. The quantity of toddy and drums are specifically mentioned in the remand report. As per the remand report, the petitioner is absconding. Therefore, the investigating officer is unable to complete the investigation.

(3.) The learned counsel for the petitioner would submit that the contents of the complaint as well as the remand report lacks the ingredients of the offences alleged against the petitioner herein. The police have not seized any contraband from the possession of the petitioner. He has not involved in commission of offence. According to the learned counsel for the petitioner, based on the confessional statements of accused Nos.1 and 2, the police have included the petitioner as accused No.3 in the present crime. The petitioner is neither seller nor purchaser or possessor of any contraband much less NDPS substance. Therefore, Section 8(c) read with 22(c) of NDPS Act does not attract.