The High Court allowed Criminal Petitions seeking quashing of proceedings under the NDPS Act and other statutes, holding that the matter was squarely covered by an earlier order dated 31.03.2023 in a related criminal petition.
The proceedings against petitioners/accused Nos. 100, 103, and 104 in SC NDPS No. 5/2023 are hereby quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[338s ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA TUESDAY,THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE K. SUJANA
CRIMINAL PETITION NO: 8859 OF 2024
Between:
...PET|TloNERyACCUSED(S)
AND
...RESPON DENT/COM PI-AINANTS
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the Charge Sheet in SC NDPS No. 5/2023, on the file of the Honble 1st Additional District and Sessions Court, at Bhongir, Yadadri-Bhongir District against the Petitioners/Accused No. 100, 103 and 104.
l.A. NO: 2 OF 2024
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the ltr'lemorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including attendance of the Petitioners in SC NDPS No. 5/2023, on the file of the Hon'ble 1st Additional District and Sessions Court, at Bhongir, Yadadri-Bhongir District against the Petitioner/Accused No. 100,103 and 104 herein pending disposal of the criminal Petition.
This Petition comingon for hearing, upon perusing the [t4emorandum -of Grounds of criminalPetition and upon hearingthe argumentsof sri DoNKURI N/ALLIKARJUN ,Advocatefor the Petitioner and sri D. ArunKumzrr the Additional Public Prosecutor(TG) on behalfof the Respondent No.1 and \one Appeared for the RespondentNo.2&3
The Court made thefollowing: ORDER
':$t{31;..
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.8859 of 2o24
ORDER:
Thrs Crimir-rai I)etition is fileci under Scctionul82 ol Cocle of Crlminal Proceclure, 1973 (for short 'Cr.P.C.') to quash the proceedings against the pe[itioners/ accused Nos.100, 103 and 104 in S.C.NDPS.No.5 L'tl 2O23 on tire ltle cf the I Additional District and Sessions Court, Bhongiri, Yadadri Bhongrri Dislrict, registered for the offences punishablc unclcr Sections 8(c), 20(b), 25, 27(a), '29 and 37 ol the Narcotic Drugs ernd Psychotropic Substances Act, 1985 and Sectror-r 34 read rvith15 of the'lelangana State Excise Act, 1968, ScctioLt 51 (b) of Disaster Managerne nl Act, 2OO5 :rnd Scction 3 (1) of the Epidemic deceasc Act., 1897 and Scct.ions 188 and 294 o[ the Indian Pcnal Cc'de, i860.
)
sr(s,J Crl.P. No.AA:;9 oJ 2024
CriLrrin:Ll i)r-riliotr I'lo-3158 of 2023:rncl eirc.]oscil a r.r,1lr o1 t]re: s:r i(1 or,l.ri-
I'e ndltq nisr:ollaneous petitions, if any, in this Cr iminal
Pcr iticur sl'ral1 rrlso sl.and closed.
//TRUE COPY//
Sd/. K. VENKAIAH ASSIQTA T REGISTRAR \ SECTION OFFICER
To,
AR /gh
(Along with a copy of the Order dt. 31.03.2023in Crl.P.No.315812023) V,,
(',
HIGH COURT
DATED:06/08/2024
ORDER
CRLP.No.8859 of 2024
/{o'".;al; E TA
,, ')
i; l' :- t7 lil li ull
,.) a
f fr-
D
ALLOWING THE CRL.P
8Lo!({ ffrVv-
1
THE HONOURABLE SRI JUSTICE K.SURENDER
e&IMINAL PETITION No.315 8 0F 2023
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.) by the petitioneraccused No.3B to quash the proceedings against him in S.C.No.S of 2023 pending on the file of learned I Additional District and Sessions Court at Bhongir, Yadadri-Bhongir District, filed for the offences punishable under Sections 8(c), 20(b), 25,27(a),29,37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Section 34 read with Section 15 of T.S. Excise Act, Section 51(b) of Disaster Management Act, 2005, Section 3(1) of Epidemic Disease Act, 1897 and Sections 188 and 294 of Indian Penal Code (for short "IPC').
2
DJ sound and that several persons gathered, the police went to the premises and found 500 members participating in the everrt. It was found that the members were inhalingganja, consuming alcoholic drinks, food and dancing to the DJ sound. Thepolice suspected it as a rave party. The police conducted search at the premlses and seized 200 grams of Ganja in a cover and an iphone from the possession of accused No.2; 21 entry tickets of the rave party were seized from accused No.4; (3) LSD blots from accused No.6 and black coloured iphone from accused No.7. Further, accused Nos.2 to 6 confessed the said offence of organizing a rave paty and recovery panchanama was also drafted. Thereafter, the police concluded investigation and found that all the accused Nos.l to 105 who gathered at the premises are liable under various offences punishable under penal provisions, D.M. Act and Epidemic Disease Act
3
4
Hence, the proceedings against thepetitioner areliable to be quashed.
Miscellaneous applicationspending, if any, shall stand closed.
K.SURENDER, J
Date: 31.03.2023 rev/vsu
2 issues framed by the court
Whether proceedings against accused Nos. 100, 103, and 104 in SC NDPS No. 5/2023 should be quashed under Section 482 CrPC.
Whether the earlier order dated 31.03.2023 in Crl.P. No. 3158 of 2023 covers the issues in the present criminal petition.
Colour shows how this judgement treated each authority
noneReferred
Crl.P. No.2049 of 2024
State of Telangana vs. K.S. PradeepRelied on
CRL.P. No.3158 of 2023
4 provisions across 4 enactments
Gokul Laxman
Ajmal K.P
Polapaka Praveen Kumar
The State of Telangana
K. Sujana
K. Surender
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
