THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.5818 OF 2025

O R D E R:

This Criminal Petition is filed under Section 528 of Bharatiya Nyaya Sanhita, 2023 (for short “BNSS”) by the petitioners/accused Nos.21 and 22, seeking quashment of the proceedings in S.C.NDPS.No.252 of 2024, pending on the file of II Additional Metropolitan Sessions Judge at Nampally, Hyderabad.

2. Heard learned counsel for the petitioners, and Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor for the respondent – State. Perused the record.

3. The petitioners, arrayed as accused Nos.21 and 22 in S.C. NDPS.No.252 of 2024, are facing accusation under Sections 8 (c) r/w 22(b) & 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

4. Learned counsel for the petitioner would submit that the name of the petitioner is said to have came to light upon the confessional statement of the co-accused, as a consumer of the substance. Except for the statement, there is no other material against the petitioner for prosecution. Thus, continuation of the proceedings against the petitioner for the alleged offence is unsustainable. Further, the counsel pleaded that this Court, in similar cases, has held that the statements of the co-accused are untenable for prosecution and quashed the proceedings. Hence prayed for quashment.

5. Learned Additional Public Prosecutor would submit that co- accused who was found with substance, mentioned the name of the accused as a consumer. However, as per the charge sheet, there is no other material against the petitioner. Further, the learned Additional Public Prosecutor admitted that this Court, in the petitions filed by the accused who were similarly placed as that of the accused, has quashed the prosecution proceedings against them.

6. Considering the material available on record, it reveals that the petitioners are accused Nos.21 and 22 and the final report has projected them as the consumers. Admittedly, there is no other evidence except for the statement of co-accused to show that the petitioners are consumers. By now, it is well settled that the statement of the accused recorded under Section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985, would stand in a similar position to that of a statement recorded under Section 25 of the Evidence Act, and it is inadmissible in evidence. In addition, the material collected during the investigation does not disclose any medical test to prove the consumption of substance at any point of time. In this factual and legal position, continuation of proceedings against the petitioners would be an abuse of process of law.

7. Accordingly, the criminal petition is allowed and the proceedings against the petitioners in S.C. NDPS No.252 of 2024 on the file of the II Additional Metropolitan Sessions Judge at Nampally, Hyderabad, are hereby quashed.

Miscellaneous applications, pending if any, shall stand closed.

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K.SURENDER, J Date:30.04.2025 Bw

3504 THE HON’BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.5818 OF 2025 Dt. 30.04.2025 Bw