IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.1059 of 2026 Date: 11.02.2026 Between:

Sohail Ahmad ...Petitioner/Accused No.5 AND The State of Telangana, represented by Public Prosecutor and another ...Respondents.

ORDER

This Criminal Petition has been filed seeking to quash the proceedings in S.C. (NDPS) No.279 of 2024 on the file of the II Additional Metropolitan Sessions Judge, Nampally, Hyderabad, wherein the petitioner was arrayed as accused No.5, for the offence punishable under Section 27(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).

2. Heard Mr.Vijay Kumar Panuganti, learned counsel for the petitioner and Mr.M.Vivekananda Reddy, learned Assistant Public Prosecutor, appearing for respondent Nos.1 and 2.

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.5 only basing upon the confession statement given by accused No.2. The alleged contraband was seized from the possession of accused Nos.1 to 4 only. The only allegation levelled against the petitioner is that he consumed ganja, which was purchased from the other accused. However, the petitioner was not sent for medical examination. He further submitted that the issue raised in this criminal petition is squarely covered by the order dated 25.06.2025 passed by this Court in Criminal Petition 2398 of 2025. Hence, the ingredients of the offence under 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 Assistant 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 the only allegation levelled against him is that he consumed ganja, which was purchased from the other accused. However, the petitioner was not sent for medical examination and he was implicated as accused No.5 only basing upon the confession statement given by the other accused, 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.

1 2013 AIR SCW 5740

8. In the result, the Criminal Petition is allowed and the proceedings against the petitioner/accused No.5 in S.C. (NDPS) No.279 of 2024 on the file of the II Additional Metropolitan Sessions Judge, Nampally, Hyderabad, are hereby quashed.

Pending miscellaneous applications, if any, shall stand closed.

______________________________ JUSTICE J. SREENIVAS RAO Date: 11.02.2026 pgp