THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.13247 of 2025

ORDER:

This criminal petition is filed seeking to quash the proceedings in C.C.No.14261 of 2024 on the file of IV Additional chief Judicial Magistrate, Hyderabad, against the petitioner- accused No.4, for the offence under Section 8 (C) r/w. 20 (b) (ii) (A) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. Heard Mr.Syed Ahmed, learned counsel representing Mr.Chakravarthy Naik, learned counsel for petitioner, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. Learned counsel for the petitioner submits that the petitioner is a consumer and has not committed any offence as alleged by the prosecution. He further submitted that although the prosecution has seized 70 grams from accused Nos.3 and 4, it does not point out any specific allegations against the petitioner, who is accused No. 4, nor does it establish that he has consumed the substance. He also submits that even if the alleged seizure of 620 grams of ganja is assumed to be true, it does not constitute a commercial quantity and, in fact, falls within the category of small quantity. Therefore, as the petitioner is alleged to be only a consumer, he prays that the proceedings against him be quashed.

4. Learned Additional Public Prosecutor opposed the petition, submitting that accused No.2 had sold 70 grams of ganja to accused Nos.3 and 4 in the OU campus. It was further revealed during the course of investigation, 620 grams of ganja was seized from accused Nos.3 and 4, and that mobile phones were also seized from the said accused.

5. Perused the record.

6. The allegations attract the offences under Sections 8(c) r/w. 20(b)(ii)(A) of the NDPS Act. The petitioner is alleged to have purchased 70 grams of ganja along with accused No.3. Though learned counsel for the petitioner submitted that the contraband involved is of a small quantity, the nature of the offence is such that the quantity, whether small or large, is not of significant relevance, particularly at the stage of deciding the quash petition. The truth or otherwise of the allegations, the seizure, and the statements of the accused are matters that require examination during the course of trial. Hence, it is not appropriate to quash the proceedings at this stage.

7. The petition lacks merit and, therefore, the Criminal Petition is liable to be and is accordingly dismissed.

Pending miscellaneous applications, if any, shall stand closed.

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JUSTICE TIRUMALA DEVI EADA Date: 14.10.2025 lk THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.13247 of 2025 Dated: 14.10.2025 lk