IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.10211 OF 2023 DATE: 26-02-2026 Between:

Lokesh Kandra … Petitioner And The State of Telangana, High Court for the State of Telangana, At Hyderabad.

SHO, Prohibition & Excise, Shadnagar, Through Public Prosecutor.

... Respondent

ORDER:

This Criminal Petition is filed by the petitioner-accused No.2 seeking to quash the proceedings against him in S.C.NDPS.No.55 of 2023 on the file of learned Metropolitan Sessions Judge-cum-I Additional District and Sessions Judge, Ranga Reddy District at L.B. Nagar, registered for the offence under Section 8(c) read with 21 and 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS Act’).

2. Heard Sri K. Pradeep Reddy, learned counsel for the petitioner and Sri D. Arun Kumar, learned Additional Public Prosecutor for the respondent-State.

3. Learned counsel for the petitioner submitted that based on the confession of accused No.1, the petitioner was arrayed as accused No.2 in this case and but for that, there is no other incriminating material against the petitioner herein to prosecute him for the alleged offence. He further submitted that the petitioner is innocent and is not connected with the allegations levelled against him in the charge sheet. He, therefore, prayed to quash the proceedings against the petitioner herein. Learned counsel relied upon the judgment of the Honourable Supreme Court in Tofan Singh v. The State of Tamil Nadu¹

4. Learned Additional Public Prosecutor has submitted that on the instructions of the petitioner herein, who is accused No.2, accused No.1 has transported the contraband from Goa to Hyderabad. Therefore, the involvement of petitioner cannot be ruled out in the commission of offence. Hence, it is not a fit case to quash the proceedings against the petitioner. He fairly

(2021) 4 SCC 1

submitted that the petitioner-accused No.2 is apprehended based on the confession of accused No.1.

5. Perused the record.

6. The contents of the charge sheet would point out that accused No.1 confessed that he has brought the contraband from Goa to Hyderabad by bus on the instructions of the petitioner herein. There is no seizure from the petitioner. It is alleged that accused No.1 and the petitioner used to consume contraband on weekends. No medical test report is placed on record to show that the petitioner is a consumer. Thus, but for the confession of accused No.1 there is nothing incriminating against accused No.2, who is the petitioner herein.

7. In Tofan Singh’s case (supra), it was held that the confessional statement recorded under Section 67 of the NDPS Act remains inadmissible in evidence and cannot be made a sole basis to prosecute the accused. Therefore, in view of the said judgment, the proceedings in the present case deserve to be quashed.

8. Accordingly, the Criminal Petition is allowed and the proceedings against the petitioner in S.C.NDPS.No.55 of 2023 on the file of learned Metropolitan Sessions Judge-cum-I Additional District and Sessions Judge, Ranga Reddy District at L.B. Nagar, are hereby quashed.

Miscellaneous Petitions pending, if any, shall stand closed.

____________________________ JUSTICE TIRUMALA DEVI EADA Date: 26.02.2026.

MD