THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.15314 of 2025

ORDER

This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner/accused No.20 seeking to quash the proceedings against him in SC NDPS.No.252 of 2024 pending on the file of the II Additional Metropolitan Sessions Judge, at Nampally, Hyderabad, registered for the alleged offences punishable under Sections 8(c) r/w. 22(b) and 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. Heard Mr.Md.Nazeeruddin Khan, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for respondent No.1-State.

3. Learned counsel for the petitioner submits that the petitioner’s name is said to have come to light based on the confessional statement of the co-accused, who identified the petitioner as a consumer of the substance. Except for this statement, there is no other material against the petitioner to support the prosecution. Thus, the continuance of proceedings against the petitioner for the alleged offence is unsustainable. Further, learned counsel submits that this Court, in similar cases, has held that the statements of co-accused are untenable for prosecution and has quashed the proceedings. Therefore, learned counsel prayed for quashing of the present proceedings against the petitioner/accused No.20.

4. Learned Additional Public Prosecutor submits that the co- accused, who was found in possession of the substance, had named the petitioner as a consumer. However, as per the charge sheet, there is no other material on record implicating the petitioner factually. It is further admitted that this Court, in petitions filed by other similarly situated accused, has quashed the prosecution proceedings against them and therefore, requested to pass appropriate orders.

5. Perused the material available on record.

6. The petitioner is arrayed as accused No.20, and the final result projected him as a consumer. Admittedly, there is no evidence except the statement of the co-accused to show that the petitioner is a consumer. It is now well settled law that the statement of an accused recorded under Section 67 of the NDPS Act, stands on the same footing to that of a statement recorded under Section 25 of the Indian Evidence Act, 1872, and is inadmissible in evidence. Moreover, the material collected during the investigation does not include any medical evidence to prove the consumption of any substance by the petitioner at any point of time. In this factual and legal context, continuation of proceedings against the petitioner would be an abuse of process of law.

7. With the above made observations, this Criminal Petition is allowed, and the proceedings against the petitioner/accused No.20, in SC NDPS No. 252 of 2024 on the file of the II Additional Metropolitan Sessions Judge at Nampally, Hyderabad, are hereby quashed.

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

____________________________ JUSTICE TIRUMALA DEVI EADA

24.11.2025 mvm