THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 9663 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/accused No.47 in SC No.05 of 2023 in Crime No.47 of 2021 on the file of the learned I Additional District and Sessions Judge at Bhongir, Yadadri-Bhongir.

2. The petitioner is arrayed as accused No.47 in the Sessions Case registered for the offences punishable under Sections 8(c), 20(b), 25, 27(a), 29, 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’), Section 34 read with 15 of TS Excise Act, Section 51(b) of Disaster Management Act 2005, Section 3(1) of Epidemic Decease Act, 1897 and Sections 188, 294 of IPC

3. Heard Ms.Grace Sheeba Rani, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent-State.

4. The prosecution case in brief is that on 12.03.2021 on credible information, the complainant along with Staff surprised premises at Farm House of accused No.5 located in the outskirts of the Narayanpur Village, and found number of people gathered in the said farm house and raising high noise and other accused were in the open place of the farm house and found inhaling Ganja, consuming alcoholic drinks, food by dancing on the DJ sound. Accused No.1 confessed that in his free time, he met accused Nos.3 and 4 and hatched a plan to get easy money in illegal way and accordingly, he decided to conduct event by allowing the illegal activities like inhaling Ganja, consuming alcoholic drinks, providing food, dancing and DJ sound in accused No.5’s farm house. Upon recording of the statement of admission in seizure panchanama, complaint was lodged. Whereupon, Crime No.47 of 2021 was registered alleging that the accused committed an offence under Section 27 of NDPS Act, 1985, and after investigation, charge-sheet was laid and consequently, the Sessions Case was numbered vide SC NDPS No.5 of 2023 on the file of the learned I Additional District and Sessions Judge at Bhongir, Yadadri-Bhongir.

5. Learned counsel for the petitioner would contend that the petitioner was falsely implicated in the offence. Further, he was not subjected to any test either to confirm that he was not inhaling Ganja nor he is under influence of Ganja. Thus, there is absolutely no evidence to implicate the petitioner, as such, continuance of proceedings against him would be unjust. Hence, prayed for quashment of proceedings.

6. Learned Additional Public Prosecutor fairly submits that except the confessional statement of the accused No.1 that the petitioner/accused No.47 is one among the other customers, no other material has been collected during investigation. That apart, the medical tests conducted upon the petitioner/accused No.47 to make out petitioner consuming the contraband have not yielded any positive result.

7. I have perused the materials on record.

8. It is clear by the record that except the statement of co-accused, there is no other material against the petitioner. Be that as it may, the Hon’ble Apex Court in Tofan Singh v. The State of Tamilnadu, 2021 (4) SCC 1 had held that 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.

9. For the aforesaid reasons, the Criminal Petition is allowed and the proceedings against the petitioner/accused No.47 in SC No.05 of 2023 in Crime No.47 of 2021 on the file of the learned I Additional District and Sessions Judge at Bhongir, Yadadri-Bhongir, are hereby quashed.

Pending miscellaneous applications, if any, shall stand closed.

_______________ N.TUKARAMJI, J Date: 01.08.2025 CHS