THE HON’BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION NO.4548 OF 2025

ORDER:

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking to quash the proceedings against the petitioner/accused No.3 in S.C.NDPS.No.1747 of 2022 pending on the file of I-Additional District and Sessions Judge-cum-Additional Family Judge-cum- Special Sessions Judge for Fast Tracking Cases, Malkajgiri. The offence alleged against the petitioner is under Section 20 (b) (ii) (B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. The case of the prosecution is that on 19.06.2022, on reliable information about illegal sale of dry ganja at Pan Shop, Opposite to NTR Statue, Dulapally Chowrasta, Medchal- Malkajgiri District, the police conducted search and seized narcotic drug and arrested the person who involved in contravention of provisions of NDPS Act. On enquiry, A.1 revealed his particulars and gave his consent to search infront of Lw.3. On search, they found two small transparent colour zip packets consisting of leaves, flowers emanating pungent smell which is identified as dry Ganja. On weighing the contraband it was 12 grams. The police also found blue colour packets written in Hindi as Shri Bhila Munakka and on opening the said packets they found 46 chocolates. On further enquiry, A.1 confessed that they are Ganja extract chocolates, weighing about 246 grams. A.1 further confessed that on instructions of A.3 and A.4, he brought the same from them and selling @Rs.150/- each of transparent colour zip packet and he is receiving Rs.50/- as commission on each packet. Later, police also found A.2 moving in suspicious manner beside the pan shop and when they made personal search on him, they found seven small transparent colour zip packets. On opening the same, they found flowers, leaves emanating pungent smell and observed that it is dry Ganja. A.2 confessed that on instructions of A.3 and A.4 he is selling dry Ganja packets for commission of Rs.50/- on each packet. Basing on the confession of A.1 and A.2, police went to the house of A.3 and when searched his room, they found one plastic bag containing one orange colour bag, wherein they found dry leaves in greenish brown colour, seeds and flowering tops and emanating pungent smell. On enquiry, A.3 confessed that the material is dry Ganja which is weighing about 545 grams; that he along with A.4 making Ganja into small packets and handing over to A.1 and A.2 for selling the same. Basing on the said complaint, police registered the case against the accused for the above said offence.

3. Heard learned counsel for the petitioner representing Etymos Legal Services Private Limited and learned Assistant Public Prosecutor appearing for the respondents.

4. The contention of learned counsel for the petitioner is that petitioner is innocent of the said offence; he is not involved in any other offence and there is no previous history against this petitioner. He further contended that there is unexplained delay from the time of incident till filing of FIR; that the police have not conducted search as per the procedure and as the police have not followed the procedure under Section 50 of NDPS Act, the case against the petitioner has to be quashed. There are no specific allegations against the petitioner. The only basis for the petitioner’s implication is statement made by the co-accused and that as there are lacunas and discrepancies, the FIR is not maintainable and prayed this Court to quash the proceedings against the petitioner.

5. On the other hand, learned Assistant Public Prosecutor would submit that there is recovery of Ganja from the possession of A.3 weighing about 545 grams. The police have followed due procedure and even if there are any procedural irregularities it has to be decided by the trial Court. Hence, it is not a ground to quash the proceedings and requested this Court to dismiss this petition.

6. Considering the submissions ma