THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 4021 OF 2025

ORDER

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) seeking quashment of the proceedings against the petitioner in SC NDPS No.147 of 2023 on the file of the learned II Additional Metropolitan Sessions Judge, Hyderabad, at Nampally.

2. The petitioner is arrayed as accused No.23 in the Sessions Case registered for the offences punishable under Section 8(c) read with Sections 20(b)(ii)(B), 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).

3. Heard Mr. K.Jamali, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent-State.

4. The prosecution case in brief is that on 07.09.2022 on credible information, the complainant along with Staff surprised premises at Ali Cafe Cross Roads, Amberpet, and found two persons in front of Kabab- In-Hotel in suspicious manner holding a polythene cover. On seeing the Police, when perturbed, they were apprehended and on search, found that they are in possession of Ganja and Charas and on enquiry, revealed their identities and they have informed that they purchased the contraband from two persons/other accused from Visakhapatnam and Chandighar and that they sold small quantities of contraband to several persons including the petitioner/accused No.23. Upon recording of the statement of admission in seizure panchanama, complaint was lodged. Whereupon, Crime No.375 of 2022 was registered alleging that the accused committed an offence under Section 27 of NDPS Act, 1985, and after investigation, charge-sheet was laid and consequently, the Sessions Case was numbered vide SC NDPS No.147 of 2023 on the file of the learned II Additional Metropolitan Sessions Judge, Hyderabad, at Nampally.

5. Learned counsel for the petitioner would contend that the petitioner was falsely implicated in the offence and even in the investigation, except for the statement of accused No.1 that he used to sell small quantity of 30 to 40 grams contraband to needy customers including the petitioner, no other material or documents either evidencing purchase or consumption of the contraband. Further, as per the directions of Police, the petitioner/accused No.23 undertook medical tests wherein no trace of drug was detected. Thus, there is absolutely no evidence to implicate the petitioner, as such, continuance of proceedings against him would be unjust. Hence, prayed for quashment of proceedings.

6. Learned Additional Public Prosecutor fairly submits that except the confessional statement of the accused No.1 that the petitioner/accused No.23 is one among the other customers, no other material has been collected during investigation. That apart, the medical tests conducted upon the petitioner/accused No.23 to make out petitioner consuming the contraband have not yielded any positive result.

7. I have perused the materials on record.

8. It is clear by the record that except the statement of co-accused, there is no other material against the petitioner. Further, the petitioner has annexed a copy of Clinical Bio-chemistry for abuse of drug collected on 25.10.2022, wherein the observed values are negative against the varieties of drugs including Cannabis/Marijuana. This fact is substantiating that the petitioner has undergone drug abuse test. However, this fact has not been reflected in the charge-sheet. Be that as it may, the Hon’ble Apex Court in Tofan Singh v. The State of Tamilnadu, 2021 (4) SCC 1 had held that confessional statement recorded under Section 67 of the NDPS Act, is inadmissible in evidence. That being the position, in the absence of any material evidence, continuance of

proceedings against the petitioner would be unjustified and abuse of process of Law.

9. For the aforesaid reasons, the Criminal Petition is allowed and the proceedings against the petitioner/accused No.23 in