The court emphasized the procedure needed for the petitioner’s appearance and adherence to guidelines set by previous rulings without delving into the case's merits.

ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘BNSS’) seeking anticipatory bail to the petitioner/accused No.3 in Crime No.98 of 2025 on the file of Masab Tank Police Station, Hyderabad, registered for the offences punishable under Sections 8 (c) r/w 20(b)(ii)(A) and 27(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. The case of the prosecution in brief is that, on 22.04.2025 at 15:00 hrs, as per the instructions of the SHO, Masabtank Police Station, the complainant, along with staff, was conducting vehicle checks in the Masabtank area in vehicle TS09PA3549 with driver HG-8247 (Md. Feroj Khan). While on duty near Mahaveer Hospital, Masabtank, at around 16:30 hrs, the driver of an Innova (Reg. No. AP28DK0789) failed to stop when signaled by the police. The accused (Driver) was apprehended, and during enquiry, he confessed that he became addicted to OG weed in 2017 through a friend named Harsha. After completing his studies, he returned to India and began managing his parents’ dental hospital at Masabtank. He contacted a person named Dhawal through his Australian friend Akhil to procure OG weed. He purchased OG weed 4 to 5 times at the rate of Rs.1,000/- per gram for personal use. Three months ago, he bought 8 grams from Dhawal, consumed about 2 grams occasionally, and kept the remaining weed in his bag for future use. Basing on the same, present crime was registered.

3. Heard Sri Syed Zain Ul Aibden Bin Taher, learned counsel for petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State.

4. Learned counsel for the petitioner submits that initially the petitioner was not arrayed as an accused in the present crime. However, based on the confession statement of the other accused, the petitioner was subsequently implicated and shown as accused No.3 in the said crime. He further submitted that earlier accused No.2 had approached this Court and filed Crl.P.No.7437 of 2025 seeking quashment of FIR No.98 of 2025 and this Court disposed of the said Criminal Petition on 19.06.2025, with a direction to the Investigating Officer to follow the procedure prescribed under Section 35(3) of the BNSS and the guidelines issued by the Apex Court in Arnesh Kumar Vs. State of Bihar , [1(2014) 8 SCC 273] and the petitioner is also entitled for the very same relief.

5. Learned Additional Public Prosecutor did not dispute the same.

6. Taking into consideration of the above facts and circumstances of the case, without expressing any view on the merits of the case, the petitioner is directed to appear before the concerned Investigating Officer on or before 05.08.2025 and on such appearance, the Investigating Officer is directed to follow the procedure contemplated under Section 35(3) of the BNSS and also the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar’s case (supra).