This Criminal Petition is filed under Section 528 Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the
petitioner/accused No.13 seeking to quash the proceedings
against him in Crime No.02 of 2025 on the file of Cyberabad
Narcotics Police Station, TG Anti-Narcotics Bureau, registered for
the alleged offences punishable under Sections 8c r/w. 20 (b) (ii)
(A), 22 (a), 22 (b), 27 (a) and 29 of Narcotic Drugs and
Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).
2. Heard Sri Enuganti Sudhanshu Rao, learned counsel for
the petitioner and Sri Jithender Rao Veeramalla, learned
Additional Public Prosecutor appearing for the respondent No.1-
State.
3. Learned counsel for the petitioner submitted that the
petitioner herein is alleged to be a customer under the NDPS Act.
He further submitted that Section 22 (b) of NDPS Act would not
be attracted in the circumstances of the case, and that the other
offences are punishable with imprisonment of less than seven
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years. Hence, he prayed a direction to the Police to invoke the
provisions under Section 35 (3) of BNSS, noting that the other
accused have been granted similar relief by another bench of this
Court.