THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.5967 OF 2025

O R D E R:

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS, 2023’) seeking quashment of proceedings against petitioner/accused No.6 in S.C.NDPS No.92 of 2023 on the file of the learned I Additional District and Sessions Judge, Ranga Reddy District, at L.B. Nagar (for short, “the trial Court”) for the offences punishable under Sections 22(b), 27 and 28 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPA Act’).

2. Heard Mr.N.Harinadh, learned counsel for the petitioner and Mr.E.Ganesh, learned Assistant Public Prosecutor appearing for respondent No.1-State.

3. The brief facts of the case are that on 28.09.2022, upon receipt of credible information about illegal transportation of drugs, the complainant and his team conducted route watch and found accused Nos.2 to 5 in Eco Sports Car bearing No.TS 08 GV 1203 with small packets of narcotic substances. The petitioner’s name has come to light upon the confessional statements of accused Nos.2 to 4 as consumer and that he has advanced certain amount wanting substance/drug. Thus, the petitioner was shown as consumer of narcotic/psychotropic substance for the offence punishable under Section 27 of NDPS Act, 1985.

4. Learned counsel for the petitioner submits that this Court, in similar circumstances, quashed the impugned proceedings against accused No.7 vide order dated 02.04.2025 in Crl.P.No.4374 of 2025. Since, the petitioner herein also stands on the same footing and relying on the decision passed by the Hon’ble Supreme Court in Tofan Singh Vs. State of Tamil Nadu, (2021) 4 SCC 1, he seeks to allow the Criminal Petition.

5. Learned Assistant Public Prosecutor submits that petitioners/accused Nos.2 to 4 have categorically made the statements before the mediator that the petitioner/accused No.6 and another have transferred the amount in Goole Pay seeking Narcotic/Psychotropic substance. However, fairly admits that except for that statement, there is no other material against the petitioner.

6. As per the prosecution, petitioner/accused No.6 is consumer. The charge sheet is indicating that upon the

statement of co-accused, the petitioner’s name came on to record as consumer. However, except statement of admission by the co-accused, there is nothing on record. In this context, relying on the decision passed by the Hon’ble Supreme Court cited (supra) wherein it is held that the confessional statements recorded under Section 67 of the NDPS Act, 1985 stands in similar footing that of Section 25 of the Indian Evidence Act, 1872 and would be inadmissible in evidence. Additionally, the investigating agency failed to conduct any medical test to make out consumption of Narcotic Substance by the petitioner. In this view even if the transmission of the amount is believed, it will not make out any offence as alleged in the charge sheet. Therefore, continuance of proceedings against the petitioner is abuse of process of law.

7. In view of the above, the Criminal Petition is allowed and the proceedings against the petitioner/accused No.6 in S.C.NDPS.No.92 of 2023 on the learned I Additional District and Sessions Judge, Ranga Reddy District, at L.B. Nagar are hereby quashed.

Miscellaneous Petitions, pending if any, shall stand closed.

_____________________ E.V. VENUGOPAL, J Date: 09.07.2025 ESP