Telangana High Court
Avulla Tanuj Kumar Tanuj vs The State Of Telangana on 22 July, 2025
Author: N.Tukaramji
Bench: N.Tukaramji
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
CRIMINAL PETITION No.9038 OF 2025
ORDER
This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023') seeking quashment of the proceedings in Crime No.02 of 2025, of Cyberabad Narcotics Police Station, TG Anti-Narcotics Bureau, Hyderabad, against the petitioner-accused No.21.
2. The petitioner is arrayed as accused No.21 in Crime No.02 of 2025, registered for the offence under Sections 8C read with 20(b)(ii)(A), 22(a), 22(b), 27(a) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985( for short 'NDPS').
3. Heard Mr. Katika Ravinder Reddy, learned counsel representing Mr. E. Venkata Siddhartha, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.
4. Learned counsel for the petitioner respectfully submitted that although the petitioner is fully committed to cooperate with the investigative process, he is apprehensive of potential coercive action being taken against him. It is further submitted that Section 22(b) of NDPS, would not attract in the circumstances of the case and other 2 offences being punishable with imprisonment for a term less than seven years, the investigating authority has not yet issued any notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). It is further submitted that the petitioner have no intention of evading the investigation and he is willing to extend full cooperation to the authorities. In light of these circumstances, learned counsel prays that appropriate directions be issued to the concerned police officials to proceed in accordance with law by issuing a notice under Section 35(3) of the BNSS, thereby safeguarding the petitioner from any unwarranted coercive measures.
5. Learned Additional Public Prosecutor opposed the petition.
6. I have perused the materials on record.
7. Having regard to the nature of the offences and depth of allegations against the petitioner and except the alleged offence under Sections 22(b) of NDPS, rest of the accusations are punishable with an imprisonment upto seven years and the readiness of the petitioner to cooperate with the investigation, without entering into merits and keeping open all prerogatives of the investigation, the petitioner is hereby directed to appear before the Station House Officer, Cyberabad Narcotics Police Station, Hyderabad District, within one week from the date of receipt of a copy of this order. Upon such appearance, the 3 Investigating Officer shall issue notice to the petitioner under Section 35(3) of the BNSS, in connection with Crime No.02 of 2025, and shall proceed further strictly in accordance with the guidelines laid down by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar 1. Simultaneously, the petitioner is directed to extend full cooperation to the Investigating Officer during the course of the investigation.
8. With this direction, this Criminal Petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.
_____________________ JUSTICE N.TUKARAMJI Date: 22.07.2025 ssm 1 (2014) 8 SCC 273