THE HONOURABLE SRI JUSTICE N. TUKARAMJI CRIMINAL PETITION No.5271 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 in S.C.NDPS.No.70 of 2023 on the file of the learned Metropolitan Sessions Judge at Nampally, against the petitioner/accused No.5.

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

3. The petitioner is arrayed as accused No.5 in S.C.NDPS.No.70 of 2023 for the offences under Sections 8 (c) r/w. 20 (b) (ii) (B) and Sections 27 and 29 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS ACT’).

4. The prosecution case in brief is that the petitioner’s name has come to light upon the confessional statement of accused Nos.1 to 4 as consumer.

5. Learned counsel for the petitioner would submit that the prosecution, after investigation, filed charge sheet against the petitioner only on the alleged confessional statement of the accused Nos.1 to 4, without any material substance. He further pleads that accused No.4 who is facing self same accusations has filed Crl.P.No.233 of 2025 and this Court, having considered the merits and in the absence of legally acceptable evidence, quashed the proceedings. Therefore, the petitioner in the similar footing is entitled for the same relief. Hence, prayed for quashment of the proceedings.

6. Learned Additional Public Prosecutor fairly submits that the criminal petition filed by the other accused, who is facing similar charges, has been allowed by this Court and all the proceedings in the Sessions Case against him were quashed.

7. I have perused the materials on record.

8. The reflections in the charge sheet are demonstrating that except the confessional statements of the accused Nos.1 to 4 that the petitioner is consumer, the investigating agency failed to secure any other evidence to meet the essentials under Section 27 of the NDPS Act. In this context, it is pertinent to note that, in Tofan Singh v. State of Tamil Nadu, (2021) 4 SCC 1,, the Hon’ble Supreme Court has held that the confessional statements recorded under Section 67 of the NDPS Act, 1985, stands in similar footing that of Section 25 of the Evidence Act, 1872 and would be inadmissible in evidence. Additionally, the investigating agency for the reasons best known to them failed to conduct any medical test to make out consumption of Narcotic Substance by the petitioner. In this view and as the case of other accused who is facing self same accusations has been quashed,

further continuance of proceedings against the petitioner is found pointless.

9. For the aforesaid reasons, the Criminal Petition is allowed and the proceedings against the petitioner/accused No.5 in S.C.NDPS.No.70 of 2023 on the file of the learned Metropolitan Sessions Judge, Nampally at Hyderabad, are hereby quashed.

Miscellaneous petitions, pending if any, shall stand closed.

_____________________ JUSTICE N. TUKARAMJI Date: 21.04.2025 lk THE HONOURABLE SRI JUSTICE N. TUKARAMJI CRIMINAL PETITION No.5271 of 2025 Dated 21.04.2025 lk