Telangana High Court
Syed Imran Ali vs State Of Telangana on 22 March, 2024
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.3183 of 2024
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner, who are arrayed as accused No.7 in FIR, seeking to quash the proceedings against him in Crime No.48 of 2024 of Mirchowk Police Station, at Hyderabad, registered for the alleged offences punishable under Sections 8C, 22(b), 27 of NDPS Act.
2. Heard Sri Khurram Rabbani, learned counsel for the petitioners and Sri S. Ganesh, learned Assistant Public Prosecutor for respondent No.1 - State.
3. Learned counsel for the petitioner would submit that for the offence alleged against this petitioner, the punishment is below seven years. Learned counsel also relied on the judgment of the Andhra Pradesh High Court in K. Ranjith v. State of A.P. 1 wherein the Court observed that for offence under NDPS Act also, Section 41-A is applicable.
4. In view of the same, without going into the merits of the case, since the punishment prescribed for the offences alleged 1 Crl.P.No.5349 of 2021 of A.P.High Court 2 against the petitioners is less than seven (07) years, this Court deems it appropriate to direct the petitioner to appear before the Investigating Officer on or before 28.03.2024 between 11:00 a.m. and 05:00 p.m. and in turn, the Investigating Officer is directed to follow the procedure laid down under Section 41-A Cr.P.C. and also the guidelines formulated by the Hon'ble Supreme Court of India in Arnesh Kumar v. State of Bihar 2 scrupulously. However, the petitioner shall co-operate with the Investigating Officer as and when required by furnishing information and the petitioner shall produce all relevant documents/material required for the purpose of the investigation and the Investigating Officer shall consider the same before filing appropriate report before the learned Magistrate concerned.
5. Accordingly, the Criminal Petition is disposed of.
Miscellaneous applications, if any pending, shall also stand closed.
______________ K. SUJANA, J 22nd March, 2024 ksm 2 (2014) 8 SCC 273