The court found that arrests made by a Sub-Inspector under specific drug-related laws were unlawful due to lack of authority, necessitating the quashing of the proceedings.

ORDER:

ANIL KUMAR JUKANTI, J.

This Criminal Petition is filed under Section 5 28 of the Bharatiya Nagarik Suraksha Sanhita (for short ‘ BNS S ’) by petitioners/accused Nos.13 and 14 to quash the proceedings against them in FIR No.217 of 2025 on the file of Moinabad Police Station, Cyberabad Commissionerate. The offences alleged against petitioners are under Sections 143 (3), 144(2), 223, 292 r/w 49 of BNS , Sections 3 , 4 and 5 of the Immoral Traffic (Prevention) Act, 1956 (for short ‘PIT Act’), Section 8 (c) r/w 20(b)(ii)(A), 25, 29 of Narcotic Drugs and Psychotropic Substances Act, 1985, (for short ‘NDPS Act’) and Section 3 4(a) TELANGANA EXCISE ACT , 1968.

2. Heard Mr. S.Venugopal, learned counsel for petitioners and Mr. E.Ganesh, learned Assistant Public Prosecutor for the respondent – State. Perused the material on record.

3. Complaint is by Sub-Inspector (SI) of Police, on receiving credible information at 01:30 AM that a Mujra party was involving use of ganja and hukah was taking place at Holiday Home Farmhouse in the outskirts of Yathbarpalli Village, search proceedings were taken after obtaining permission from ACP Chevella. Complaint is lodged by the SI of Police to the Inspector of Police, Moinabad. 21 material objects were seized during the search, including Ganja, 62 grams and certain other materials i.e., liquor bottles, etc. In all 18 individuals were named. Petitioners are arrayed as accused Nos.13 and 14. On a perusal of the record, it is observed that the entire operation of search, seizure and arrest, were undertaken by the Sub Inspector of Police and FIR came to be registered on 09.04.2025 under Sections 143 (3), 144(2), 223, 292 r/w 49 of BNS , Sections 3 , 4 and 5 of PIT Act, Section 8 (c) r/w 20(b)(ii)(A), 25, 29 of NDPS Act and Section 3 4(a) TELANGANA EXCISE ACT . The contents of the FIR reflected the contents of the complaint and commission of offences.

4. It is submitted by learned counsel for petitioners/accused Nos.13 and 14 submitted that accused Nos.13 and 14 along with others were produced before Principal Junior Civil Judge-cum-XI Additional Judicial Magistrate of First Class by the Police personnel on 10.04.2025 at 00:30 hours in Crime No.217 of 2025. Learned Judge after recording the entire facts and upon entries made in the general diary and the remand report case diary has held that the arrest of accused persons is not in accordance with law, the remand was rejected and the accused persons were released immediately.

5. Heard learned counsels, perused the record and considered the submissions.

6. Section 13 of the PIT Act, is as follows:

“13. Special police officer and advisory body.—

(1) There shall be for each area to be specified by the State Government in this behalf a special police officer appointed by or on behalf of that Government, for dealing with offences under this Act in that area.

(2) The special police officer shall not be below the rank of an Inspector of Police.

(2A) The District Magistrate may, if he considers it necessary or expedient so to do, confer upon any retired police or military officer all or any of the powers conferred by or under this Act on a special police officer, with respect to particular cases or classes of cases or to cases generally:

Provided that no such power shall be conferred on,— (a) a retired police officer unless such officer, at the time of his retirement, was holding a post not below the rank of an inspector;

(b) a retired military officer unless such