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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
JUVVADI SRIDEVI
C. Adithya Narayana Reddy – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. brief facts of the case (Para 2 , 3) |
| 2. learned senior counsel submits (Para 4) |
| 3. in support of his contention (Para 5) |
| 4. in the present case it is accepted (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 5. accordingly, this criminal petition (Para 12) |
ORDER :
This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’) (for short ‘ BNSS ') by the petitioner/accused No.8 to quash the proceedings against him in SC NDPS.No.308 of 2024 on the file of II Additional Metropolitan Sessions Judge at Nampally, Hyderabad registered as FIR No.165 of 2024 on the file of P.S.Karkhana. The offence alleged against the petitioner-accused No.8 is under Section 27 of the NDPS Act, 1985 (for short ‘Act’).
3. Heard Sri T.Pradyumna Kumar Reddy, learned Senior counsel representing Sri T.Anirudh Reddy, learned counsel for the petitioner/ accused No.8 and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1 – State.
5. In support of his contention, learned Senior Counsel relied on the judgment of the Hon’ble Apex Court in Surinder Kumar Khanna v. Intelligence Officer, Directorate of Revenue Intelligence, [(2018) 8 Supreme
Confessions of co-accused are inadmissible against another accused without corroborative evidence, leading to quashing of proceedings due to lack of substantive evidence.
Confessional statements of co-accused, lacking corroborative evidence, cannot establish guilt against another accused under the NDPS Act, resulting in quashing of proceedings.
Confessional statements of co-accused, without corroboration, cannot sustain criminal charges against another accused under the NDPS Act.
Confessional statements under Section 67 of the NDPS Act are inadmissible without corroboration, leading to quashing of proceedings against the accused.
Confessional statements made to officers under the NDPS Act are inadmissible, and mere dock identification is insufficient for conviction.
Confessions recorded under Section 67 of the NDPS Act are inadmissible for conviction, altering the evidentiary landscape regarding drug-related offenses.
A discharge application must be allowed if the prosecution's evidence, particularly confessions of co-accused, is inadmissible and no other corroborative evidence is present.
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