THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.11259 OF 2025

ORDER:

This Criminal Petition is filed by the petitioner – accused seeking to quash the proceedings in SC.NDPS No.142 of 2022 on the file of the learned Metropolitan Sessions Judge, Hyderabad, registered for the offences under Section 384 of the Indian Penal Code (for short ‘IPC’) and Section 20(b)(ii) (B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. Heard the submissions of Ms. Mala Paropkari, learned counsel for the petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1 – State.

3. The learned petitioner counsel has submitted that the allegations that Ganja was seized from accused No.1 during the Covid period is utterly false and that the petitioner is charged under Section 381 IPC and Section 20 of the NDPS Act which are two different charges. He further submitted that initially it was registered for the allegation of theft, but again they have added the Section 20 of NDPS Act, just because the de-facto complainant is the Police Officer. He further submitted that there is a specific procedure for drawing the samples and