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2025 Supreme(Online)(TEL) 5750

COMMON ORDER:

These criminal petitions are filed for quashment of the proceedings against the petitioners in S.C.No.252 of 2024 on the file of II Additional Metropolitan Sessions Judge at Nampally, Hyderabad.

2. The petitioner in Crl.P.No.3595 is accused No.21 and the petitioner in Crl.P.No.3632 is accused No.22 and they are facing the accusation under Section 27 of NDPS Act, 1985.

3. The learned counsel for the petitioners would submit that both the petitioners, pending the proceedings before the trial Court, undergone de-addiction treatment at Asha hospital and the consequent diagnostic reports are indicating no drug traces. Thus prayed for quashment of the proceedings against the petitioners as per the Section 64A of the NDPS, Act, 1985 (for short ‘the Act’)

4. Learned Additional Public Prosecutor would submit that the petitioners on their own without there being any proceeding before the trial Court approached the de-addiction centre and claiming that they have undergone the procedure contemplated under Section 64A of the Act, cannot be accepted, unless the process is verified and validated.

5. Having regard to this statement, learned counsel for the petitioners prayed for issuance of necessary direction to the petitioners to approach the trial Court and upon application under Section 64A of the Act, for undergoing de-addiction process again or for verification and validation of the proceedings under Section 64A of the Act.

6. Having regard to this submission, by granting leave to the petitioner to move an appropriate application before the trial Court under Section 64A of the Act, placing the materials of de-addiction treatment before the Court seeking necessary direction for verification and validation or for a direction to undergo de-addiction procedure afresh. Upon such application, the trial Court is directed to consider the application on its own merits in accordance with law.

7. With this direction, these criminal petitions are disposed of.

As a sequel, the miscellaneous petitions, if any, pending in the Criminal Petition shall stand closed.

_______________ N. TUKARAMJI, J

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