THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.7152 OF 2025

ORDER:

This Criminal Petition is filed by the petitioner – accused No.2 seeking to quash the FIR No.329 of 2025 on the file of the P.S.KPHB Colony, Cyberabad, registered for the offences under Section 8(c) read with Sections 22(c), 29 and 27 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “NDPS Act”).

2. Heard the submissions of Sri Raghu Gurram, learned counsel for the petitioner and Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor for the respondent No.1 – State.

3. The learned petitioner counsel has submitted that the petitioner is an innocent person and that he is looking after the business of his father at the premises of his godown and that suddenly on 07.03.2025, the police rushed to their premises and apprehended him. He further argued that the crime is registered on 08.03.2025, while the petitioner was apprehended prior to the registration of crime with a false intention and that he is no way connected with the allegations leveled against him, the petitioner has lodged a complaint against the said police officials before the Commissioner of Police on 19.05.2025, he therefore, prayed to quash the further proceedings in the above said crime.

4. The learned Assistant Public Prosecutor, on the other hand, has submitted that on credible information the police have apprehended the petitioner herein and that the police have no animosity against the petitioner and that they discharged their duties. He further argued that truth or otherwise shall come out during the course of investigation and that the charge sheet shall be filed after thorough investigation. He therefore, prayed to dismiss the petition.

5. Perused the record.

6. A perusal of the record reveals that the crime is registered on 08.03.2025 under Section 8(c) read with Sections 22(c), 29 and 27 of NDPS Act, on a complaint lodged by the Sub-Inspector of Police, KPHB PS, Cyberabad. The contents of the said complaint reveal that the Sub-Inspector of Police, KPHB PS had a credible information that one black foreigner aged about 36 years is in possession of Narcotic Drug like MDMA drug and is waiting at KPHB Colony, Addagutta Society near Vishal Mart Shopping Mall on the road to sell the same to needy customer. The police have rushed to the scene of offence located at KPHB colony and that they have apprehended accused No.1 namely Aazah Joshua Okechiku and that they have found zip lock covers containing MDMA drug in a bag belonging to accused No.1 and on thorough enquiry accused No.1 has confessed that he has come down to hand over the drug to accused No.2 i.e. the petitioner herein.

After following due procedure, the accused were apprehended.

7. The petitioner in support of his case has filed a copy of the complaint lodged by him against the police before the Commissioner of Police and he has also enclosed the photographs depicting his apprehension. The said photographs reveal the date and time as 07.03.2025 at 11.49.45 while the FIR is dated 08.03.2025. Thus, the counsel for the petitioner contends that the petitioner was apprehended on false allegations. However, the investigation is still in progress and the police are yet to file charge sheet. As submitted by the learned Assistant Public Prosecutor, no animosity can be attributed to the police officers in apprehending the accused. Thus, this Court is of the opinion that it is not proper to interfere with the process of investigation in such cases.

8. In view of the above, the criminal petition is disposed of directing the police to conclude the investigation in FIR No.329 of 2025 on the file of the P.S.KPHB Colony, Cyberabad, strictly in accordance with law and file charge sheet before the concerned Court, without taking any coercive steps against the petitioner. Further, the petitioner shall co-operate with the Investigating Officer as and when required for the purpose of investigation. Miscellaneous applicat