The High Court · 2025

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Mr. Pradyumna Kumar Reddy, Senior Counsel representing Mr, T S Anirudh Reddy, Advocate for the Petitioner and Mr.Jithender Rao Veeramalla, Additional Public Prosecutor, High Court for the State of Telangana, Hyderabad on behalf of the State. The Court made the following: ORDER: i L THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITIoN No.2753 of 2o25 ORDER: This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short tsNSS), by the petitioners-accused Nos. 1O to 12 seeking to quash the proceedings against them in S.C.NDPS.No.308 of 2024 on the file of II Additional Metropolitan Sessions Judge at Nampally, Hyderabad, pertaining to Crime No.165 of 2Q24 of P.S. Karkhana. The offence a-lleged against the petitioners is under Section 27 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short Act, 1985J.

2. Heard Mr. T.Pradyumna Kumar Reddy, learned Senior Counsel representing Mr. T.Anirudh Reddy, learned counsel for the petitioners and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the State ald perused the record.

3. The case of the prosecution, in brief, is that on receiving credible information that two persons were under the influence of psychotropic substance at the scene i.e., Dhobi Ghat, Sikh Village, Secunderabad, the police, Karkhana went ? \ I I 2 sKs,l Crl.P.No.Z753 of2O25 there arrd found accused Nos.6 and 7 in an unstable condition. After sometime, accused Nos.2 to 4 came there to supply drugs to accused Nos.6 to 7, however, they were also apprehended by the Police. In their confession, the said accused confessed that the petitioners-accused Nos.1O to 12 and other accused are customers. Basing on the sarne, a case in Crime No.165 of 2024 was registered against the petitioners and others. After completion of investigation, charge sheet was filed, cognizance was taken and the case was numbered as S.C. NDPS No.308 of 2024

4. Learned Senior Counsel appearing for the petitioners submits that the petitioners were neither arrested at the scene of offence nof alything was seized from their possession, however, merely basing on the confession of co-accused, the petitioners were faisely implicated in the case. He further submits that the blood samples of petitioners were not collected to establish that they are in the habit of consuming narcotic drugs and the only witnesses in the present case are the Police officers and panchas. Learned Senior Counsel relied on the judgment of the Hqnltrle \ ^--/"- 3 SKS,I Crl.P.No.2753 of2O25 Supreme Court in Tofan Singh a. Sto:te of Tamil Nadut, wherein, it was held that the confessional statements recorded under Section 67 of the Act, 1985, will remain inadmissible in the trial of an offence under the Act. 1985. Hence, he prayed to quash the proceedings against the petitioners

5. On the other hand, learned Additional public prosecutor opposed the petition stating that specific allegations are levelled against the petitioners and the truth or otherwise of the allegations levelled against the petitioners can only be known after conducting full-fledged trial before the trial Court, and hence, he prayed to dismiss the petition.

6. Having heard both sides and perused the material on record, it appears that the petitioners-accused Nos. 1O to 12 are consumeis, they were not arrested at the scene of offence and nothing was seized from their possession, horvever, the petitioners were arrayed as accused in the crime basing on the confession statement of co-accused. Further, this Court quashed proceedings against accused No.5 in Criminal Petition No. I 1743 of 2023, with similar offences. Considering ' lzozty + scc t t I 4 sKs,l Crl.P.No.2753 ofZOz5 the sarne, the continuation of proceedings against the petitioners amounts to abuse of process of law and the same are liable to be quash€d.

7. Accordingly, this Criminal Petition is allowed and the proceedings against the petitioners-accused Nos.lO to 12 in S.C.NDPS.No.308 of 2024 on the hle of II Additiona-l Metropolitan Sessions Judge at Nampally, Hyderabad, afe hereby quashed. Pending miscellaneous petitions, if any sha-ll stand closed. //TRUE COPY// SD/. MOHD. ISMAIL DEPUW REGISTRAR ECTION OFFICER To, 1 2 .) 4 5 6 The ll Additional Sessions Judge, Nampally, Hyderabad. THE Xl Additional Chief Metropolitan Magistrate, Secunderabad' The Station House Officer, Karkhana Police Station, Secunderabad One GC to SRl. T S Anirudh Reddy, Advocate [OPUC] One CC to the Public Prosecutor, High Court for the State of Telangana, Hyderabad [OUT] Two CD CoPies. PSt(ohw HIGH COURT DATED:2510212025 ORDER GRLP.No.2753 ot 2025 t ALLOWED THE CRIMINAL PETITION ;:' ,.t 'a,^'\\ 2 il li''i rJZ5 -4" *