THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.12025 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 against the petitioner in SC NDPS No.104 of 2023 on the file of the learned Metropolitan Sessions Judge, Nampally, at Hyderabad.

2. Heard Mr.Mohammed Zubair Akram, learned counsel for petitioner and Mrs.Shalini Saxena, learned Assistant Public Prosecutor appearing for the respondent Nos.1 and 2-State.

3. The prosecution case in brief is that on 09.12.2022, on credible information, the complainant along with Staff surprised premises at Patel Nagar Chowrastha, Amberpet, and found in suspicious manner holding a polythene cover. On seeing the Police, when perturbed, they were apprehended and on search, found that they are in possession of MDMA drug and Ecstasy pills and on enquiry, revealed their identities and they have informed that they purchased the contraband from accused No.1 and that they sold small quantities of contraband to several persons including the petitioner/accused No.10. Upon recording of the statement of admission in seizure panchanama, complaint was lodged. Whereupon, Crime No.499 of 2022 was registered alleging that the accused committed an offence under Section 8(c) read with 22(b) and 27 of the NDPS Act and consequently, the Sessions Case was numbered vide SC NDPS No.104 of 2023 on the file of the learned Metropolitan Sessions Judge, Nampally, Hyderabad.

4. Learned counsel for the petitioner would contend that the petitioner was falsely implicated in the offence and even in the investigation, except for the statement of accused No.1 that the petitioner/accused No.10 is a consumer, no other material or documents either evidencing purchase or consumption of the contraband. The petitioner/accused No.10 did not undergone medical tests to detect the trace of drug. Thus, there is absolutely no evidence to implicate the petitioner, as such, continuance of proceedings against him would be unjust. He further submitted that a co-ordinate bench of this Court has quashed the proceedings against accused Nos.7 and 11, vide orders dated 03.07.2025 and 15.07.2025 in Crl.P.Nos.8083 and 8748 of 2025. Hence, the petitioner is entitled to the same relief that was granted in favour of accused Nos. 7 and 11. Hence, he prayed to quash the proceedings against the petitioner.

5. Learned Assistant Public Prosecutor fairly submits that except the confessional statement of the accused No.1 that the petitioner/accused No.10 is one among the other customers, no other material has been collected during investigation. That apart, no medical tests conducted upon the petitioner/accused No.10 to make out petitioner consuming the contraband.

6. Perused the record.

7. The record further reveals that a co-ordinate Bench of this Court has quashed the proceedings against accused Nos.7 and 11 in Crl.P.Nos.8083 and 8748 of 2025, by orders dated 03.07.2025 and 15.07.2025, respectively, considering the decision of the Hon’ble Apex Court in Tofan Singh v. The State of Tamilnadu, 2021 (4) SCC 1 wherein it was held that a confessional statement recorded under Section 67 of the NDPS Act is inadmissible in evidence. That being the position, in the absence of any material evidence, continuance of proceedings against the petitioner would be unjustified and abuse of process of Law. It is also clear

by the record that except the statement of co-accused, there is no other material against the petitioner.

8. For the aforesaid reasons, the Criminal Petition is allowed and the proceedings against the petitioner/accused No.10 in SC NDPS No.104 of 2023 on the file of the learned Metropolitan Sessions Judge, Nampally, Hyderabad, are hereby quashed.

Pending miscellaneous applications, if any, shall stand closed.

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JUSTICE TIRUMALA DEVI EADA Date: 16.09.2025 lk