THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No.5557 OF 2025

ORDER:

This petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) seeking quashment of the proceedings in SC NDPSNo.252 of 2024 pending on the file of the II Additional Metropolitan Sessions Judge at Nampally, Hyderabad against the petitioner/accused No.8.

2. Heard Mr.Mohammed Zaki, learned counsel representing petitioner-accused No.8, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. The petitioner is arrayed as accused No.8 in SC NDPS No.252 of 2024 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 said to have came to light upon the confessional statement of the co-accused as consumer of the substance. Except the statement, there is no other material against the petitioner for prosecution. Thus, continuance of proceedings against the petitioner for the alleged offence is un-sustainable. Further, pleaded that this Court in similar cases has held that the sta