PANDEM SAI KUMAR REDDY 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.') (presently, Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023) by the petitioner/accused No.1, to quash the proceedings against him in SC NDPS No.108 of 2023 on the file of Metropolitan Sessions Judge-Cum-I Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar, for the offences punishable under Sec. 8(c) read with 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').

(2.) The brief facts of the case are that on receiving credible information about illegal transportation of dry ganja through S.Conventiona Hall in front of Grave yard, Bairamalguda. At about 03:15 p.m., accused No.1 tried escape from the said place by seeing the police, as such, being suspicious LWs.3 and 4 arrested the accused No.1 and other accused involved in the contravention of the provision of NDPS Act. Thereafter, after taking permission in writing from the department to search and seize the contraband in terms of the G.O.Ms.Nos.148 to 150 Revenue (Excise-II) department and searched the accused persons in front of LW.3 and also found two packets each in two side pockets each packet containing about 50 grams, total 200 grams dry ganja. Hence, a case was registered vide Crime No.93 of 2022 before the Prohibition and Excise Inspector, Saroornagar and after completion of investigation, a charge sheet was filed vide SC NDPS No.108 of 2023 before the Metropolitan Sessions Judge-Cum-I Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar.

(3.) Heard Sri B.Rajeshwar Reddy, learned Counsel for the Petitioner and Sri Arun Kumar Doddla, learned Additional Public Prosecutor for respondent-State.