Syed Imran Ali vs State Of Telangana
2024 Latest Caselaw 1283 Tel

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

Crl.P.No.5349 of 2021 of A.P.High Court

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

(2014) 8 SCC 273