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 sending to FSL which was not followed by the Police in this case and that seizure of contraband from the accused-petitioner herein itself is false. He further submitted that the petitioner was not at all present in the scene of offence on the said date as alleged by the prosecution and that he has enough proof that he was not in the said place. Hence, prayed to quash the proceedings against the petitioner.

4. The learned Assistant Public Prosecutor has submitted that the Police could recover Ganja from the petitioner herein pursuant to his confession. It is true that the petitioner was initially apprehended on the allegation of theft, when he was taken into custody, he was found to be in possession of Ganja, therefore, the Section 20 of NDPS Act was added. The plea of alibi cannot be a ground to quash the proceedings. Hence, prayed to dismiss the petition.

5. Perused the record.

6. The complaint discloses the allegations of theft. However, the recitals of charge sheet point out that the complaint was received from the de-facto complainant alleging theft by the petitioner herein and during the course of investigation when they went to the house of the suspected person and there they could trace out that he was in illegal possession of Ganja, hence, by following due procedure, they could recover 2 Kgs of ganja from the accused. Therefore, they have added the Section of Law under NDPS Act. The recitals of the charge sheet point out the allegations that 2 Kgs Ganja is recovered from the petitioner. The seizure of contraband and the allegations of theft need to be tested during the course of trial. Hence, it is not proper to interfere with the judicial process at this stage. Thus in the facts and circumstances of the case, the petition does not merit for any consideration and hence is liable to be dismissed.

7. In the result, the Criminal Petition is dismissed.

Miscellaneous applications pending, if any, shall stand closed.

_____________________________

JUSTICE TIRUMALA DEVI EADA Date: 12.09.2025 ds