IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.2438 of 2026 Date: 24.02.2026 Between:

Mohit Agarwal @ Myron Mohit ...Petitioner/Accused No.4 AND The State of Telangana, Rep. by its Public Prosecutor, High Court of Judicature at Hyderabad For the State of Telangana and another ...Respondents

ORDER

This Criminal Petition has been filed seeking to quash the proceedings in SC-NDPS No.253 of 2024 on the file of the Metropolitan Session Judge, Hyderabad, at Nampally, wherein the petitioner has been arrayed as accused No.4 for the offences punishable under Sections 8(c) read with 22(b), and 27(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. Heard Ms. Ayasha Ayub, learned counsel for the petitioner and Mr. V. Jithendar Rao, learned Additional Public Prosecutor for respondent Nos.1 and 2.

3. Learned counsel for the petitioner submitted that the petitioner has not committed any offence and he has been falsely implicated in the present crime. Even according to the allegations made in the complaint, no contraband was seized from the possession of the petitioner which is one gram of Cocaine, which is below the small quantity. However, based on the medical test, the petitioner was implicated as an accused on the ground that the investigation revealed that the petitioner had consumed the contraband. She further submits that, on the request made by the petitioner, he was referred to the Asha Hospital Institute of Medical Psychology, Counseling & Psychotherapy, wherein the petitioner underwent treatment and attended counseling sessions from 27.02.2025 to 13.12.2026. Thereafter, the concerned authorities conducted a medical test, and in the said test, the result was found to be negative. The said hospital issued a medical certificate to that effect on 16.12.2025, wherein it is specifically mentioned that “he was never into any illicit substance use and he was Screened for Drug use by UDS -9Panel on 27.02.2025, 18.08.2025 and UDS -6Panel on 13.12.2025, all the above yielded Negative results. Last Out-patient consultation visit was on 13.12.2025. He has completed his counseling sessions and he advised to maintain strict abstinence from all the substances.”

4. Learned counsel further submits that, as per the provisions of Section 64-A of the NDPS Act, the continuation of the proceedings for the offence under Section 27 of the Act against the petitioner is a clear abuse of process of law and the same is liable to be quashed.

5. In support of his contention, learned counsel relied upon the principle laid down by this Court in Anish Kumar Dundoo v. State of Telangana.

6. Per contra, learned Additional Public Prosecutor submitted that the Investigating Officer has already issued notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’). Hence, the petitioner is entitled to submit his reply to the said notice, and he is not entitled to seek quashment of the proceedings at this stage. Whether the petitioner has committed the offence or not has to be revealed during the course of investigation,

1 2021 SCC OnLine TS 2195

and therefore, the petitioner cannot seek quashing of the proceedings.

7. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that no contraband was seized from the possession of the petitioner. However, the petitioner was made accused No.4 in the present case on the ground that contraband was found in his possession which is below small quantity. Subsequently, on the request made by the petitioner, he was referred for de-addiction treatment. The record further reveals that the petitioner underwent medical treatment from 27.02.2025 to 13.12.2025 and also attended counseling sessions. After completion of the said sessions, the petitioner was subjected to a medical examination, and the authorities issued a medical