Quashing of criminal proceedings against an addiction user under the Narcotics Act is permissible when they voluntarily seek treatment, reflecting principles of rehabilitation over prosecution.

O R D E R

This Criminal Petition is filed by the petitioner-accused No.9 seeking to quash the criminal proceedings against him in S.C.No.120 of 2022 pending on the file of the learned Metropolitan Sessions Judge at Hyderabad, (for short ‘the learned trial Court’) registered for the offences under Sections 8 (C) read with Section 20 (b)(ii)(B) and Section 27 of the Narcotic Drugs and Psychotropic Substances Act (for short ‘the Act’). 02. Heard Sri Satish Chakravarthy, learned counsel for the petitioner and Smt.S.Madhavi, learned Assistant Public Prosecutor for the State-respondent. Perused the record.

03. The brief facts of the case are that on 02.02.2022 at

20:30 hours, the Additional Inspector of Police, SR Nagar Police Station, Hyderabad received credible information that few persons are selling and consuming Hash/Weed oil at flat No.403, Heart Chips building, 4th Floor, BK Guda, SR Nagar, Hyderabad. With the permission of his Superior Officer, he along with staff, rushed to the spot and found seven members. On verification, the accused Nos.4 to 7 were found in possession of Hash/Weed oil in their custody and the accused Nos.8 to 10 were consuming said Hash oil cigarette. On enquiry, the accused Nos.4 to 7 informed that they procured the said Hashish Oil/Weed oil of 2 liters from the accused Nos.1 to 3, later on enquiry, the accused Nos.8 to 10 informed that they came to the said premises to buy Hash Oil from one Sarath and after buying the said Hash oil, they started consuming the said Hash oil/weed oil in smoking papers/Rizla rolling papers. Basing on the same, a case in FIR No.77 of 2022 was filed against the petitioner-accused No.9 and other accused. After investigation, the Police laid charge sheet and the same is numbered as S.C.No.120 of 2022 on the file of learned trial Court.

04. Learned counsel for the petitioner submitted that the petitioner–accused No.9 is merely a consumer of the alleged hash/weed oil and was neither in possession of nor involved in the sale or distribution of the said narcotic substance. It is contended that the petitioner was arrayed as an accused solely on the basis of the confessional statements made by certain co- accused and that he was neither the manufacturer nor the seller of the contraband. The petitioner–accused No.9 had undergone rehabilitation at the Government Hospital for Mental Care, Erragadda, Hyderabad, and was subjected to drug testing, wherein he tested negative in a ten-panel drug screening. It is the specific contention of the learned counsel that this Court, in exercise of its inherent powers, may invoke the beneficial provision under Section 64A of the Act, to quash the proceedings against the petitioner-accused No.9. It is further submitted that the proceedings against the accused No.10, who stands on the same footing, were already quashed by this Court vide Order dated 21.09.2023 in Criminal Petition No.263 of 2023. Therefore, he prayed to quash the proceedings against the petitioner-

accused No.9.

05. Learned Assistant Public Prosecutor for the State-

respondent submitted that there are specific allegations against the petitioner and the truth or otherwise would come out only after conducting trial by the concerned Court and prayed to dismiss the Criminal Petition.

06. The statutory provision under Section 64 of the Act, empowers the Central or State Government to grant immunity from prosecution to any person who is directly or indirectly privy to the commission of any offence under the Act, with a view to obtaining his evidence for the purpose of prosecuting other accused persons. This provision is analogous to Section 306 of the Code of Criminal Procedure, under which a Court is empowered to tender pardon to an accomplice; however, under Section 64 of the Act, the authority to grant such immunity vests exclusively with the Central or State Government. Further, Section 64 -A of the Act, as substi