THE HONOURABLE SRI JUSTICE N. TUKARAMJI CRIMINAL PETITION No.8985 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 in S.C.NDPS.No.156 of 2024 on the file of the learned Metropolitan Sessions Judge at Nampally, against the petitioner/accused No.19.

2. Heard Mr.Bandaru S Prasanth, learned counsel for petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. The petitioner is arrayed as accused No.19 in S.C.NDPS.No.156 of 2024 for the offences under Sections 8 (C) r/w. 20 (b) (ii) (B) and Section 27 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS ACT’).

4. The prosecution case in brief is that the petitioner’s name has come to light upon the confessional statement of accused No.1 as consumer.

5. Learned counsel for the petitioner would submit that the prosecution, after investigation, filed charge sheet against the petitioner only on the alleged confessional statement of the accused No.1, without any material substance. A coordinate bench of this Court had considered the similar allegations in Criminal Petition Nos.13228 of 2024, 5502 of 2023, 1296 of 2024, 11743 of 2023, 1231 of 2021 and 3948 of 2025 and concluded that the allegations are not making out any case to prosecute the petitioner therein, as the same is resting on confessional statement of a co-accused. The conclusion is equally applicable to the petitioner, hence prayed for intervention and to quash the proceedings against the petitioner.

6. Learned Additional Public Prosecutor submits that the fact of the petitioner being consumer is not in dispute. He further fairly submitted that a coordinate bench of this Court had considered similar issue and favourably concluded that the charges cannot be sustained against the consumer.

7. I have perused the materials on record.

8. The reflections in the charge sheet are demonstrating that except the confessional statements of the accused No.1 that the petitioner is consumer, the investigating agency failed to secure any other evidence to meet the essentials under Section 27 of the NDPS Act. In this context, it is pertinent to note that, in Tofan Singh v. State of Tamil Nadu, (2021) 4 SCC 1,, the Hon’ble Supreme Court has held that the confessional statements recorded under Section 67 of the NDPS Act, 1985, stands in similar footing that of Section 25 of the Evidence Act, 1872 and would be inadmissible in evidence. Although the police conducted a medical test on the petitioner, the result was negative. In

this view and as the case of similarly situated accused who were facing self same accusations has been quashed, further continuance of proceedings against the petitioner is found pointless.

9. For the aforesaid reasons, the Criminal Petition is allowed and the proceedings against the petitioner/accused No.19 in S.C.NDPS.No.156 of 2024 on the file of the learned Metropolitan Sessions Judge at Nampally, are hereby quashed.

Miscellaneous petitions, pending if any, shall stand closed.

_____________________ JUSTICE N. TUKARAMJI Date: 18.07.2025 lk