THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.13247 of 2025

ORDER:

This criminal petition is filed seeking to quash the proceedings in C.C.No.14261 of 2024 on the file of IV Additional chief Judicial Magistrate, Hyderabad, against the petitioner- accused No.4, for the offence under Section 8 (C) r/w. 20 (b) (ii) (A) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. Heard Mr.Syed Ahmed, learned counsel representing Mr.Chakravarthy Naik, learned counsel for petitioner, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. Learned counsel for the petitioner submits that the petitioner is a consumer and has not committed any offence as alleged by the prosecution. He further submitted that although the prosecution has seized 70 grams from accused Nos.3 and 4, it does not point out any specific allegations against the petitioner, who is accused No. 4, nor does it establish that he has consumed the substance. He also submits that even if the alleged seizure of 620 grams of ganja is assumed to be true, it does not constitute a commercial quantity and, in fact, falls within the category