Telangana High Court
Muda Saibaba vs The State Of Telangana on 3 November, 2023
THE HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.10814 of 2023
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.) by the petitioner-accused Nos.26, 52, 54 and 64 to quash the proceedings against them in S.C.No.5 of 2023 pending on the file of learned I Additional District and Sessions Judge 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. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent Nos.l and 2. Perused the material on record.
3. The case of the 2nd respondent - de facto complainant is that having received the information regarding conducting an 2 event in the farm house located in the outskirts of Narayanpur Village with DJ sound and that several persons gathered, the police went to the premises and found 500 members participating in the event. It was found that the members were inhaling ganja, consuming alcoholic drinks, food and dancing to the DJ sound. The police suspected it as a rave party. The police conducted search at the premises 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 party and recovery panchanama was also drafted. Thereafter, the police concluded investigation and found that all the accused Nos.1 to 105 who gathered at the premises are liable under various offences punishable under penal provisions, D.M. Act and Epidemic Disease Act.
4. Learned counsel for the petitioners would submit that the petitioners are students and photographer aged between 22 and 27 years and they have nothing to do with the rave 3 party that was going on. They were falsely implicated in the said case, for which reason, the proceedings against the petitioners have to be quashed.
5. On the other hand, learned Additional Public Prosecutor would submit that accused Nos.1 to 105 have violated the directions of the Government in pandemic period, for which reason, they have to be prosecuted for the above offences and it is for the trial Court to decide the complicity of the accused.
6. As seen from the record, these petitioners who were arrayed as accused Nos.26, 52, 54 and 64 were found in the premises of farm house where the alleged rave party was going on. It is not the case that these petitioners were subjected to any test to confirm that they were either inhaling ganja or they were under the influence of alcohol. Unless police specifies as to the role played by the petitioners that they were found with any substance that was prohibited, the petitioners can be made punishable under any of the penal provisions. Mere presence of the petitioners at the scene of offence would not attract any of the offences alleged. Under Section 195(a)(1) of Cr.P.C., the Court is in fact prohibited 4 from taking cognizance of offence punishable under Section 188 of IPC, unless it is filed by the concerned public servant. Since no specific role is attributed to the petitioners and assuming that the petitioners were found at the scene would not entail the prosecution of the petitioners for the offences alleged. Hence, the proceedings against the petitioners are liable to be quashed.
7. Accordingly, the Criminal Petition is allowed and the proceedings against the petitioner - accused Nos.26, 52, 54 and 64 in S.C.No.5 of 2023 pending on the file of learned I Additional District and Sessions Judge at Bhongir, Yadadri- Bhongir District, are hereby quashed.
Miscellaneous applications pending, if any, shall stand closed' ___________________ K.SURENDER, J Date : 03.11.2023 ssp