Confessional statements without corroborative evidence are inadmissible, leading to quash of proceedings.

ORDER:

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS , 2023’) seeking quashment of the proceedings in S.C.NDPS.No.274 of 2022 on the file of the learned Metropolitan Session Judge, Nampally at Hyderabad, against the petitioner/accused No.8.

2. Heard Ms.Padmaja Gadiraju, learned counsel representing the learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. The petitioner is arrayed as accused No.8 in S.C.NDPS.No.274 of 2022 for the offences under Section 8 (c) r/w. 21 (b) and Section 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

4. The prosecution case in brief is that the petitioner’s name has come to the fore upon the confessional statement of accused Nos.1 and 2 as consumer.

5. Learned counsel for the petitioner would submit that the prosecution, after investigation, filed charge sheet against the petitioner only on the alleged confessional statement of the accused Nos.1 and 2, without any material substance. A coordinate bench of this Court had considered the similar allegations in Criminal Petition Nos.13228 of 2024, 5502 of 2023, 1296 of 2024, 11743 of 2023, 1231 of 2021 and 3948 of 2025 and concluded that the allegations are not making out any case to prosecute the petitioner therein, as the same is resting on confessional statement of a co-accused. The conclusion is equally applicable to the petitioner, hence prayed for intervention and to quash the proceedings against the petitioner.

6. Learned Additional Public Prosecutor submits that the fact of the petitioner being consumer is not in dispute. He further fairly submitted that a coordinate bench of this Court had considered similar issue and favourably concluded that the charges cannot be sustained against the consumer.