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Judgment
This Criminal Petition has been filed seeking to quash the proceedings in Crime No.291 of 2026 of Gachibowli P.S., Cyberabad Commissionerate, wherein the petitioner was arrayed as the accused No.8 for the offences punishable under Sections 8 (c) r/w. 22 (b), 29, 27 (A) and 27 (a) of The Narcotic Drugs And Psychotropic Substances, Act, 1985 (for short ‘NDPS Act’).
Heard Mr.K.Chaitanya, learned counsel representing Dr.M.Madhav Latha, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondents. contraband was seized from his possession and that the petitioner was not present at the scene of the offence. He was falsely implicated in the present case solely based on the confession statement given by the co-accused. Whether the petitioner was implicated as an accused solely based on the confession statement given by the co-accused will be revealed during the course of the investigation. Even according to the learned Additional Public Prosecutor, the Investigating Officer has recorded the statements of I.Ws.1 to 12, and the investigation is under progress. Notice under Section 35(3) of the BNSS was served on accused Nos.4 and 5 on 16.02.2026. Hence, this Court is of the considered view that the Investigating Officer wants to follow the very same procedure in respect of the petitioner/accused No. 8.
For the foregoing reasons, the Investigating Officer is directed to follow the procedure contemplated under the provisions of the BNSS and also the guidelines formulated by the Hon'ble Apex Court in Arnesh Kumar (supra). It is needless to mention that the petitioner is entitled to put forth his grievance by raising all the pleas which are available to his under law as soon as he receives notice from the Investigating Officer, and the petitioner shall cooperate with the investigation.
Accordingly, the Criminal Petition is disposed of.
Miscellaneous applications, pending if any, shall stand closed.