MOHD. KHAJA PASHA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed under Sec. 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to quash the proceedings against the petitioners/accused Nos.1 and 2 in S.C.No.24 of 2021, on the file of the learned VIII Additional Chief Metropolitan Magistrate, Hyderabad, registered for the offences punishable under Ss. 188, 269, 270, 272, 273 of the Indian Penal Code, 1860 (for short 'the IPC'), Sec. 8 (c) read with Sec. 20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act') and Sec. 20 (2) of the Cigarettes and Other Tobacco Products Act, 2003 (for short 'the COTP Act').

(2.) Brief facts of the case of the petitioners is that on 27/3/2020 while police were in patrolling, they found the petitioners possessing, selling and purchasing the banned products viz., gutka and ganja respectively, for which, the Police registered a case against the petitioners for the offences alleged against the petitioners are that Ss. 188, 269, 270, 272 and 273 of the IPC, Sec. 8 (c) read with Sec. 20 (b) (ii) (B) of the NDPS Act and Sec. 20 (2) of the COTP Act, respectively. Basing on the said complaint the Police registered the case in Crime No.53 of 2020 and after completion of investigation, they filed charge sheet and the same was numbered as S.C.No.24 of 2021 on the file of the VIII Additional Chief Metropolitan Magistrate, Hyderabad.

(3.) Heard Sri Y. Bala Murali, learned counsel appearing on behalf of the petitioners as well as Sri S. Ganesh, learned Assistant Public Prosecutor appearing on behalf of the respondents.