(1.) This Criminal Petition is filed under Sec. 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') (for short 'BNSS') by the petitioner/accused No.13 to quash the proceedings against him in FIR No. 10 of 2022 on the file of P.S.Punjagutta. The offences alleged against him are under Sec. 8 (c) r/w.20 (b) (ii) (c) and 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the 'NDPS Act) and Sec. 14 (a) (b) of the Foreigners Act, 1946 (for short, the Act,1946).
(2.) The allegations against the petitioner/accused No.13 are that the Additional Inspector of Police, Punjagutta Police Station lodged a complaint stating that on 6/1/2022 at about 0600 hours, he received information from Sub-lnspector of Police that two persons were in possession of huge quantity of Narcotic substance Drug i.e., Cocaine and trying to sell the same to needy people near GVK Mall, Punjagutta. After obtaining permission to verify the veracity of information, they along with mediators and staff of P.S. Punjagutta went to the said place and at about 6.45 hours found two persons in suspicious circumstances, they were caught and recovered 83 small sachets from them which were found to be Narcotic substance namely Cocaine. During enquiry it was revealed that the main accused Tony, who is A.1 alleged to be an international drug peddler and others are absconding. Basing on the said information, a case in Cr.No.10 of 2022 was registered against the petitioner/accused No.13 for the said offences.
(3.) Heard Sri K.S.Naga Narsimha, learned counsel for the petitioner/ accused No.13 and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1 - State.