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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THE HONOURABLE SRI JUSTICE N.TUKARAMJI

CRIMINAL PETITION No.1628 OF 2024

DATE : 29.01.2026

Between:

Mohammed Aamir Yezdani

…Petitioner/Accused

AND

The State of Telangana and Another

…Respondents

ORDER:

This Criminal Petition is filed under Section 482 of the Code of

Criminal Procedure (for short ‘Cr.P.C,1973) seeking quashment of the

proceedings against the petitioner-accused in C.C No.8394 of 2021

on the file of the learned Judicial VI Additional Chief Metropolitan

Magistrate at Hyderabad.

2. Heard learned counsel for the petitioner and Mr.E.Ganesh,

learned Additional Public Prosecutor appearing for respondent No.1-

State.

3.1. Learned counsel for the petitioner submits that, based on the

report of Respondent No.2, Crime No.77 of 2021 came to be

registered against the petitioner alleging that he was indulging in black

marketing and selling COVID-19 injections at prices higher than the

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Maximum Retail Price to needy persons. It is further contended that

the entire case of the prosecution rests solely on the alleged voluntary

confessional statement said to have been made by the petitioner,

wherein he is stated to have admitted selling antiviral medicines, i.e.,

Remdesivir injections, to COVID-19 patients at prices exceeding the

MRP for unlawful gain. It is also alleged that three vials of Remdesivir

injections were seized from the petitioner’s possession under cover of

a panchanama.

3.2. Learned counsel would submit that, except for the aforesaid

alleged confession and seizure, there is no legally acceptable material

on record. Neither the identity of any person to whom the petitioner

allegedly sold the injections, nor any transaction involving purchase or

sale, has been disclosed. No disruption or consequential harm

attributable to the petitioner has been alleged. It is further contended

that no ingredient constituting disobedience of an order duly

promulgated by a public servant has been pleaded or established so

as to attract Section 188 of the Indian Penal Code. Similarly, there is

no material to show that Remdesivir injections were notified as an

essential commodity so as to attract the Essential Commodities Act,

nor is there any foundation to invoke Section 27 of the Drugs and

Cosmetics Act or Section 51(b) of the Disaster Management Act. In

the absence of legally admissible and substantive material,

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continuation of the prosecution is contended to be an abuse of

process of law, warranting quashment of the proceedings.

4. Learned Additional Public Prosecutor, on the other hand,

submits that upon receipt of credible information on 29.04.2021, the

complainant/respondent No.2 conducted a surprise check at the spot

and found the petitioner behaving in a suspicious manner. When the

petitioner allegedly attempted to evade, he was apprehended and,

upon enquiry, voluntarily confessed to selling Remdesivir injections at

prices higher than the MRP for unlawful gain. It is further submitted

that three vials of Remdesivir injections were seized from the

petitioner’s possession under cover of a panchanama. The

statements of the complainant and his team, recorded during

investigation, prima facie disclose the commission of offences, and

the truthfulness or otherwise of the allegations is a matter to be tested

during trial. Hence prayed for dismissal of the petition.

5. I have carefully perused the material placed on record.

6. The essential question that arises for consideration is whether,

on the basis of the charge sheet material, continuation of the

prosecution against the petitioner is legally sustainable.

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7. As per the prosecution case, the petitioner was found at a police

officers’ mess, stated to be a public place, and the incriminating

material relied upon against him is limited to:

(a) the petitioner allegedly attempting to flee upon noticing the police;

(b) an alleged voluntary confession made to the complainant police

officer; and

(c) seizure of three vials of Remdesivir injections from his p