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FACTS OF THE CASE:

2. Facts giving rise to file this writ petition as stated in the affidavit are that on 25.12.2023, respondent No.3/Inspector of Police, Shadnagar Police Station has registered a crime against the petitioner in Cr.No.894 of 2023 for the alleged offences under Section 8(C) r/w 22(C) and 29 of NDPS Act on the allegations that there was a search and seizure of two (2) KGs of Alprazolam NVSK, J substance from a residential building by name "Sakkubai Nilayam", Shadnagar, Ranga Reddy District. It is submitted that the said crime is at investigation stage only and no final report has been filed so far and that on the communication of registration of the said crime against the petitioner and others, their movable and immovable properties enlisted in the present impugned order of seizure are frozen on the basis of 'reasons to believe'.

Questioning the said confirmatory order dated 20.03.2024, the present writ petition is filed.

NVSK, J

4. Mr.Vedula Venkatramana, learned senior counsel for the petitioner has filed a synopsis stating that on 25.12.2023 respondent No.3/Inspector of Police, Shadnagar Police Station had registered a crime against the petitioner in Cr.No.894 of 2023 for the alleged offences under Section 8(C) r/w 22(C) and 29 of NDPS Act. The allegations raised in the said crime are that (2) Two KGs of Alprazolam in colour packets was contained in a car of Golla Ramesh (PA.1) near the compound of Sakkubai Nilayam. On 12.12.2023, Gachibowli Police Station has registered FIR No.1386 of 2023 against petitioner (A.7 in the said Crime) wherein the allegation is that 17 KGs of Alprazolam was agreed to be sold to the petitioner and the money will be given later. A charge sheet has been filed before I Additional District Judge, L.B.Nagar. It is submitted that in both the crimes it is seen that there is no recovery of Alprazolam either from the body or from the house of the petitioner. Thereafter, on 20.02.2024, the Inspector of Police, Shadnagar has passed freezing order alleging that movable and immovable properties acquired by the petitioner are tainted through illegal income by selling of Alprazolam. On 20.03.2024, the competent authority i.e., respondent No.2 has passed the confirmatory order of freezing order dated 20.02.2024 under Section 68F(2) of NDPS Act.

NVSK, J

6. This Court in I.A.No.2 of 2025 vide order dated 06.01.2025 has temporarily suspended the impugned order by relying on the judgment of the Aslam Mohammad Merchant (supra).

COUNTER AFFIDAVIT BY RESPONDENT NO.3:

7. A counter affidavit has been filed by Inspector of Police, Shadnagar Police Station i.e., respondent No.3 herein stating that on 25.12.2023 at about 9.00 AM, the Woman Sub Inspector of Police, PS Shadnagar, received credible information that one person was illegally selling alprazolam and another person purchasing the same at "Sakkubai Nilayam", near Akula Mallesham Function Hall, New City Colony, Parigi Road, Shadnagar, Ranga Reddy District and made a GD entry and proceeded to the said place along with staff and panch witnesses and at about 10.00 AM, found a person coming towards the car from the compound of the said mentioned "Sakku Bai Nilayam"

and while both were discussing, immediately she along with the team caught hold of them and seized four bags from the hands of one Golla Ramesh (A2), and had found white colour powder and on weighing, found it to be two KGs of Alprazolam. On enquiry, it was revealed that the said contraband was purchased by A1 NVSK, J from one Vittal Goud (A2) and sold it to one G.Venkataiah (petitioner herein and others). It is stated that four months ago Accused No.1 purchased 10 KGs of Alprazolam from Accused No.2 and sold the same to the petitioner herein. Thereafter, the Sub-Inspector seized two KGs of Alprazolam along with car, and brought the accused persons along with the seized property to the Shadnagar Police Station and lodged a report. Based on the said report, the Inspector of Police, Shadnagar Police Station lodged a report in Cr.No.894 of 2023 for the offence under Section 8(c) read with 22(c) of NDPS Act. The petitioner is Accused No.3 in the said Crime.