IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.17322 of 2025 Date: 11.02.2026 Between:

Jeedi Pavan ...Petitioner/Accused No.2 AND The State of Telangana, represented by its Public Prosecutor, High Court for the State of Telangana at Hyderabad, Through P.S. Chandurthy, Rajanna Sircilla District, T.G.

...Respondent No.1/complaint

ORDER

This Criminal Petition has been filed seeking to quash the proceedings in C.C.No. 953 of 2024 pending on the file of Judicial Magistrate of First Class, at Vemulawada, wherein the petitioner was arrayed as accused No.2, for the offence punishable under Sections 8(c) read with Section 20(b)(ii)(A) and Section 27(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).

2. Heard Mr. Bethi Venkateshwarlu, learned counsel for the petitioner and Mr. Jithendar Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1/complainant.

3. Learned counsel for the petitioner submitted that the petitioner has not committed any offence and he has been falsely implicated in the present case as accused No.2 only basing upon the confession statement given by accused No.1. He further submitted that the police have not seized any contraband from the possession of the petitioner. Even according to the allegations made in the complaint, the offences punishable under Sections 8(c) read with Section 20(b)(ii)(A) and Section 27(b) of NDPS Act are not attracted against the petitioner and continuation of the proceedings against the petitioner is clear abuse of the process of law.

4. Learned Additional Public Prosecutor submitted that whether the petitioner has committed the offence or not, has to be revealed after full-fledged trial and therefore, the petitioner is not entitled to seek for quashing of the proceedings.

5. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the police have not seized any contraband from the possession of the petitioner and he has been falsely implicated in the present case as accused No.2 only basing upon the confession statement given by accused No.1, which is not permissible under law.

6. In support of his contention, he placed reliance upon the principle laid down by the Hon’ble Apex Court in Tofan Singh v. State of Tamilnadu1, wherein it was held that voluntary statement recorded under Section 67 of the NDPS Act had been retract and so, they had no evidentiary value.

7. For the foregoing reasons and in view of the principle laid down by the Hon’ble Apex Court in Tofan Singh (supra), this Court is of the considered view that continuation of the proceedings against the petitioner is clear abuse of the process of the law.

8. In the result, the Criminal Petition is allowed and the proceedings against the petitioner/accused No.2 in C.C.No. 953 of 2024 pending on the file of Judicial Magistrate of First Class, at Vemulawada, are hereby quashed.

Pending miscellaneous applications, if any, shall stand closed.

______________________________ JUSTICE J. SREENIVAS RAO Date: 11.02.2026 ggd

1 2013 AIR SCW 5740