For an offence under Section 27 of the NDPS Act, the accused must be tested positive for drug consumption; failure to conduct such a test invalidates the charges.

ORDER :

1. This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short ‘BNSS’) by petitioner/accused No.4 to quash the proceedings against him in SC.No.72 of 2024 on the file of I Additional District Judge Magistrate at LB Nagar.

2. Heard Sri M. Srinivasa Rao, learned counsel for petitioner and Sri Surepalli Prashanth, learned Assistant Public Prosecutor for the respondent-State. Perused the material on record.

3. On the basis of complaint, FIR was registered bearing No.1261 of 2023, dated 30.12.2023 under Sections 8(c) read with 20 (b) (ii) (B) and 27 of N.D.P.S. Act, 1985 r/w 34 of IPC.

4. Respondent is the complainant. Charge sheet is filed in the Court of Metropolitan Sessions Judge, Cyberabad at L.B. Nagar, dated 08.04.2024. Petitioner in the present Criminal Petition is accused No.4.

5. Gist of the complaint is that accused Nos.1 to 4 are students and it is alleged they are in the habit of consumption of Ganja. That accused Nos.1 to 3 went to Lambasingi on 23.12.2023, while returning, they purchased Ganja at Sileru, for consumption. For the purchase of Ganja at Sileru, they needed money and asked accused No.4 to sell the laptop of accused No.2 and forward the amount of Rs.10,000/-. It is alleged that 2 Kgs of Ganja was purchased, kept at accused No.2’s room and accused Nos.1 to 3 consumed Ganja.

6. That on 29.12.2023, accused Nos.1 and 2 were at accused No.2’s room, later, accused Nos.3 and 4 came and consumed ganja and slept there. In the complaint, it is alleged that on 30.12.2023 at 05.00 A.M on receipt of credible information that some persons were selling ganja at P & T Colony, Dilsukhnagar, and on obtaining permission from Superior Officers by securing panchas reached the place. Police found four persons moving in suspicious manner and they tried to run away on seeing the police personnel. That at 6.00 A.M at St. Donalds School, Saroornagar Village and Mandal, Ranga Reddy District, police personnel apprehended accused Nos.1 to 4 and on search found polyethene packets containing ganja. A notice under Section 50 of NDPS Act was issued and Inspector came to the spot at 6.30 A.M. and at 6.45 A.M. conducted panchanama and recorded the confessional statement. That accused Nos.1 to 4 revealed that they purchased 1900 grams of ganja. Ganja packets weighing 1900 grams, three phones were seized, in the presence of panchas and a Gazetted Officer at 06.30 hours.

7. Charge sheet is filed, contents are as follows:

“From the facts and evidence collected during the course of investigation it is revealed that the accused Al to A4 are students. Al to A4 all had habit of consuming ganja. Al to A4 used to consume Ganja which was bought by A1 to A3. On 23.12.2023 Al to A3 went to tour to Lambasingi on two bikes. While they are returning to Hyderabad in the mid they know that Ganja will be sold at Sileru & New Year also coming. Al said to A2 & that they will purchase Ganja at Sileru and consume in Hyderabad and also can sell to customers who needed. A1 called to A4 and informed that they want money and suggested to sell the Laptop of A2 and send them money for which A4 did the same and sent 10000 rs to them. Later Al to A3 purchased 2 kg of Ganja and came to Hyderabad and kept it at A2's Room. Later A1 to A3 consumed some ganja from that. On 29.12.2023 When Al and A2 were present at A2's room. A3 & A4 came there and all consumed some ganja and slept there. On 30.12.2023 Police team headed by LW-01 went to H.No.11-9/1, Beside St Donalds School, P&T Colony, Saroornagar Village & Mandal, Ranga Reddy District and found A1 to A4 and took them into custody. LW-01 Immediately informed the matter to Superior officers and served a notice U/s 50 of NDPS Act 1985 to them under acknowledgement and send a requisition to LW-06 to act as Gazetted officer and he came to the spot at 0630 hours. LW-01 recorded the confessional statement cum seizure panchanama of the apprehended persons A1 to A4. Wherein they revealed th