THE HONOURABLE SRI JUSTICE N. TUKARAMJI CRIMINAL PETITION No.4374 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.92 of 2023 on the file of the learned I Additional District and Session Judge, Ranga Reddy District at L.B.Nagar, against the petitioner/accused No.7.

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2. Heard Mr.Gokavaram Rama Chander Rao, learned counsel for the 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.7 in S.C.NDPS.No.92 of 2023 for the offences under Section 27 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

4. The prosecution case in brief is that on 28.09.2022 on credible information about illegal transportation of drugs, the complainant and his team conducted route watch and found accused Nos.2 to 5 in Eco Sports Car bearing No.TS 08 GV 1203 with small packets of narcotic substances. The petitioner’s name has come to light upon the confessional statements of accused Nos.2 to 4 as consumer and that he has advanced certain amount wanting substance/drug. Thus, the petitioner was shown as consumer of narcotic/psychotropic substance for the offence punishable under Section 27 of NDPS Act, 1985.

5. Learned counsel for the petitioner has submitted that except the statement of the co-accused, there is no other material against the petitioner. No contraband/substance was found in his possession or investigating agency has conducted any medical test to prove that the petitioner is consumer, as such, continuation of proceedings against the petitioner can be abuse of process of law.

6. Learned Assistant Public Prosecutor has pleaded that the petitioners/accused Nos.2 to 4 have categorically made the statements before the mediator that the petitioner/accused No.7 and another accused had transferred the amounts in Google Pay seeking Narcotic/Psychotropic substance. However, fairly admits that except for that statement, there is no other material against the petitioner.

7. I have perused the materials on record.

8. As per the prosecution, petitioner/accused No.7 is consumer. The charge sheet is indicating that upon the statement of co-accused, the petitioner’s name came on to record as consumer. However, except statement of admission by the co-accused, there is nothing on record. 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 failed to conduct any medical test to make out consumption of Narcotic Substance by the petitioner. In this view even if the transmission of amount is believed, it will not make out any offence as alleged in the charge sheet. Therefore 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.7 in S.C.NDPS.No.92 of 2023 on the file of the learned I Additional District and Session Judge, Ranga Reddy District at L.B.Nagar, are hereby quashed.

Miscellaneous petitions, pending if any, shall stand closed.

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JUSTICE N. TUKARAMJI Date: 02.04.2025 mnv THE HONOURABLE SRI JUSTICE N. TUKARAMJI CRIMINAL PETITION No.4374 of 2025 Dated 02.04.2025 mnv