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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
JUVVADI SRIDEVI, J
Rohit Chandra Shekar alias Rohit – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. petitioner was not present at the crime scene. (Para 2 , 3) |
| 2. arguments presented regarding the admissibility of evidence. (Para 4 , 5) |
| 3. court's observations regarding the abuse of legal process. (Para 6) |
| 4. final decision to quash proceedings. (Para 7) |
ORDER :
This Criminal Petition is filed by the petitioner-accused No.1 to quash the proceedings against him in S.C.N.D.P.S.No.144 of 2023 on the file of the learned Metropolitan Sessions Judge, Nampally at Hyderabad, registered for the offences punishable under Sections 8(c) read with 20(b)(ii)(B), 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘Act, 1985’).
3. As per the case of the prosecution, on 28.10.2022 at about 15:00 hours, the Police seized Ganja weighing about 1.10 kgs, 3 chocolate bars mixed with hash oil wrapped in foil from the accused No.3 at MCH Ground, Musheerabad.
5. On the other hand, learned Additional Public Prosecutor opposed the petition stating that specific allegations are levelled against the petitioner and the truth or otherwise of the allegations levelled against the petitioner can only be known after conducting full-fledged trial before the trial Court, and hence,
Confessions from co-accused are inadmissible under the Act, rendering prosecutions based on them abusive if not supported by additional evidence.
Confessional statements of co-accused, without corroboration, cannot sustain criminal charges against another accused under the NDPS Act.
Confessional statements of co-accused, lacking corroborative evidence, cannot establish guilt against another accused under the NDPS Act, resulting in quashing of proceedings.
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 under Section 67 of the NDPS Act are inadmissible without corroboration, leading to quashing of proceedings against the accused.
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