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2025 Supreme(Online)(Tel) 17465
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
ANIL KUMAR JUKANTI, J
State – Appellant
Versus
Accused Nos.1 and 2 – Respondent
CRIMINAL PETITION No.7358 OF 2025|Crl.M.P.No.264 of 2025|S.C.(NDPS).No.4 of 2024
For the Appellants/Petitioners: Mr. Surepalli Prashanth
For the Respondents: Mrs. Indira
The court emphasized the necessity of examining crucial witnesses and the importance of a speedy trial for Under Trial Prisoners, indicating a commitment to justice and procedural integrity.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita - Section 528 - Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 8(c) read with Section 20(b)(ii)
(C) - Petition to reopen evidence for just decision dismissed by Sessions Judge due to lack of reasons and non-application of mind - Court emphasized the necessity for examination of crucial witnesses to ensure a fair trial (Paras 10, 13, 17).
(B) Criminal Procedure Code - Section 311 - Established the court's power to summon witnesses at any stage for just decision - The court found that non-examination of material witnesses impacts the justice of the case and highlighted the need for a speedy trial (Paras 16, 20).
Facts of the case:
Charges based on the transport of narcotics and procedural shortcomings in the trial necessitating the reopening of evidence.
Findings of Court:
Order dismissing evidence reopening set aside, trial to proceed expeditiously.
Issues: The primary question was the justification for reopening evidence and ensuring the rights of Under Trial Prisoners.
Ratio Decidendi: Justice cannot be compromised by procedural lapses; the court has a vital role in facilitating justice.
Result: Criminal Petition is allowed.
| Table of Content |
|---|
| 1. importance of examining witnesses in narcotic cases. (Para 1) |
| 2. facts of the narcotics charge and initial investigation. (Para 3 , 4 , 5 , 6) |
| 3. arguments for reopening witness testimonies. (Para 8 , 9 , 10) |
| 4. defense arguments against reopening evidence. (Para 11 , 12) |
| 5. court observations on the application of mind and necessity of witness examination. (Para 13 , 14) |
| 6. legal reasoning regarding powers under section 311 of cr.p.c. (Para 15 , 16 , 18) |
| 7. court's mandate for justice and examination of key witnesses. (Para 17) |
| 8. final conclusion and directive for expeditious trial. (Para 20 , 21) |
O R D E R:
This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short ‘ BNSS ’) by the State to set aside the order dated 28.05.2025 passed in Crl.M.P.No.264 of 2025 in S.C.(NDPS).No.4 of 2024 by I Additional Sessions Judge, Hanumakonda.
2. Heard Mr. Surepalli Prashanth, learned Assistant Public Prosecutor for petitioner–State and Mrs. Indira, learned counsel for respondents/accused.
3. On the basis of complaint of Sub-Inspector of Police, PS Elkathurthy, an FIR bearing No.195 of 2023 came to be registered on 16.10.2023 for the offences under Section 8 (c) read with Section 20 (b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’). The gist of the complaint is that Sub-Inspector of Police, was performing vehicle checking duties in view of the (forthcoming assembly) elections at check post Penchikalpet cross road, along with his personnel. On 16.10.2023 at 05:00 hours, they checked an Eicher truck moving towards Karimnagar from Hanumakonda and found two persons suspiciously, on questioning them, they stated Ganja packets were on the top of the truck. Sub- Inspector of Police climbed the truck and found intense smell emanating from the packets (150 packets, each of 2 kgs Ganja were found).
4. A notice under Section 50 of NDPS Act was served, accused Nos.1 and 2 confessed. A requisition was sent to Tahsildar, Elkathurthy, on the requisition of Tahsildar, MDPC, Elkathuthy, sent two mediators. Tahsildar conducted confession and seizure panchanama. Accused No.1 hails from Un Village, Kargon District, Madhya Pradesh, accused No.2 from Akulbeda Nava Slat Village, Chopda Taluka, Jalgam District, Maharastra. In their confession, accused Nos.1 and 2 stated that accused No.3 Rahul Sabley and accused No.4 Shubham Gothiram Sabley got loaded 1106 packets of Rashik Litchi 250 ML bottles in Eicher truck at Jalgam, Maharashtra, directed them to unload them at Koheda in Odissa State and further directed them to come to Visakhapatnam.
5. On 09.10.2023, they unloaded the Rashik Litchi bottles and went to Visakhapatnam. Accused Nos.3 and 4 came, took the truck into forest a distance of 40 kms from Visakhapatnam. Accused No.5 Sheshu came there and took them to an unknown place. At the unknown place, accused No.4 purchased 150 packets of Ganja (blue colour packets, sealed with brown colour tape, each packet containing 2 kgs of Ganja, valued at Rs.10,000/- per kg) and loaded them on the top of the truck and covered the truck with black colour tarpaulin cover and later covered with green colour tarpaulin (thadipathri).
6. Accused Nos.1 and 2 confessed that they were directed to transport the said packets to Jalgam District, Maharashtra, for selling at Rs.25,000/- per kg. They started from Visakhapatnam via Karimnagar and were apprehended at Penchikalpet Cross Road. It is further stated in the complaint that action be initiated against accused Nos.1 and 2 after taking them into custody.
7. Charge Sheet was filed against accused on 06.03.2024 on the file of I Additional District and Sessions Judge, Hanumakonda. In all 15 witnesses were to be examined.
8. Crl.M.P.No.264 of 2025 in S.C(NDPS).No.4 of 2024 was filed by the State under Section 311 of Code of Criminal Procedure (for short ‘Cr.P.C’) to reopen the evidence of LWs.14 and 15 in the interest of justice as the prosec
