High Court · 2025

"6;#;x;** bv Public Prosecutor, High court for the state of r.er'rroner/AccusecJ Petition under Section 52g of BNSS ^,-_ i';?%'ii:iT#'1""' J[jl:J"-.,ni,,iit%,'0" ,/rerropo,rran sessrons ,uo.,n ,ia *Dps r.i " u=-Na_l_q[2!& praving that in rhe No 23't,u^d.,1 .c^rr.n ilJ ;i;;'ot of criminal Petitron ihe io) '"i"rar ^proceedings against rhe se r-ryoer;o;; ,, *lrJ",,i"r on the rite of ri Addr ...RESPONDENT Petitro n crrcumstances Hrgh CoUrl maV 2023 on the ile including the ap under Section S2B of BIS^S 2O23praying that in the 'J:';t :i"T?"Y:#",1?i"',il or c,o,no.-"o? ;',:;:",; perition rhe t.;J,;; ;'[ :T j,:: ".,T# ln fr :,: #? ::,U; Jl, ; ; : r r I e o o i r,,r " pearance of the petition " This petitjon coming on for hea ^ Grounds of Criminal petition and upon Advocate for the petitioner and Sri J Prosecutor on behalf of the ResponOenq The Court made the following: bnOen ' rng,upon perustng the Memorandum of neanng the arguments of Sri K JAMALI, ithender Rao Veeramalla, Addl. public e r/Accu sed No ZS: , THE: FlOl{OURABLE CRI MIN AL PET tTlo SRI JUSTICE N'TUKARAMJI N N o. 40210 F2 025 ORDER This C;rinrir al Petition is filed under Section 528 of Eiharatiya Nagarik Surak:sha Sanhita' 2023 (Ior short 'BNSS 2023) seeking quashment of ti'e proceedings against the petiticner in 3C NDPS No.147 of 12021) on the file of the learned l'l Additionll tvletropolitan Sessions Jtrdqe Hyderabad' at Nampally 2. The l)elrt ()rrer is arrayed as accused No'23 ir- ihe Sel sions Case registered fo' tir: offences punishable under Ser;t on 8i c ) read with Sections :lO lb) i )lB) 27 of the Narcotic Drugs ar d ['s ychotroprc Substances \':;1. 1985 (for short the NDPS Act )

3. Heard tulr. K Jamali, learned counsel for ther pt'rt tioner and Mr.Jithencer liao Veeramalla, learned Additional Pttblic rrosecutor' representing th3 respondent-State'

4. The pros;ecution case in brief is that on 07 O9'202i| on credible information. thr: complainant along with Staff surpriseC pretnises at Ali CafeCros,sRoads.Amberpet,andfoundtwopers(]nSnfr'lrrtofKabab- rn-Hoter i, s;rsprcious manner hording a porythene aover 0n seelng the Police ',vher perturbed they were apprehen led anc :n search. found that th:1, are in possessron of Ganla and Clt,trts alc on enqurry 2 ,OO.*".oOr,l#l !. 't {:: accused from Visakhapatnam No.23. in seizure panchanama, revealed their identities and they have info,ned that they purchased the contraband from two persons/other chandighar and that they sold small quantities of contraband to several persons inciuding the petitioner/accused pon recording of the statement of admissror was lodged. whereupon, crime No ered alleging that the accused committed an offence under Section 27 of NDpS Act, 19g5, and after rnvestigation, charge-sheet was laid and consequenfly, the Sessions Case was numbered yrde SC NDpS No. 147 of 2023 on the file of the learned ll Additional Metropolitan Sessions Judge, 375 of 2022 wasrur,.,to'o'"'nt Hyderabad, at Nampally.

5. Learned counsel for the petitioner would contend that the petitioner was falsely implicated in the offence and even in the investigation' except for the statement of accused No.1 that he used to sell small quantity of 30 to 40 grams contraband to needy customers including the petitioner, no other materiar or documents either evrdencing purchase or consumption of the contraband. Further, as per the directions of police, the petrtioner/accused No.23 undertook medlcal tests wherein no trace of drug was detected. Thus, there is absolutely no evidence to implicate the petitioner, as such, continuance of proceedings against him would be unjust. Hence, prayed for quashment of proceedings. a 3 \.n1J l',1.P,\-r' I )21 o{2A25

6. Learned P'ddiiional Public Prosecutor fairly submits that except the confessiorra statement of the accused No' I t r at the I''.lc 23 is one among the other cus;toners' rro other material has iree r col\ected durrng investigation ' That i'rp arl the medical testt; con lucted upon the petitioner/accused petitioner ctln;: rrir'g the contraband have not yi(rl{ie(1 ar y positive \c I 3 tc tnake out petitioneriacc..lsed result 1 "25 I hav': perlsed the materials on record' lt is :lerar by the record that except the staternent of r:rl'accused' 8. there is nc oth€ r materiar against the petitioner. Further, tne petitioner has annexed a copy of Clinical Bio-chemistry for abtls'e of drug 10.2022, wherein the observed valtes ale negative collected orr against the 'rar eties of drugs including Cannabis/tvlarijrtan;r This fact is substantiati|r. 'hat the petitioner has undergorre rlrr'tg abuse test However. tir s, f lot has not been reflected in the charlle-s lt:et tse that as it ma'/, t^i' llon ille Apex Court in Tofan Silgh v f he Stafe of Tamilnadul irad lreld that confessional staternen relorded under Section (i7 of 'he NDPS Act' ls lnadmissible in ':rrrd':nct That being the positior) r. the absenc e of any matettal evidenc e c of tinuance of ' 2o2r 1+; sr)c r . . .,, {r.+**,.".ari{.a.3arara. proceedings against the petitioner process of Law 4 \ 711./ 0-'/ 4/ :t)_, , would be unjustified and abuse of

9. For the aforesaid the proceedings agains No.147 of 2023on the sessions Judge, Hyderao''" the petitioner/accused reasons' the criminal Petition is allowed and No'23 in sc NDps of the learned ll Additional Metropolitan ad, at Nampally, are hereby quashed. Pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// Sd/. P. PADMANAB HA REDDY D PUTY R EGISTRAR To. 1 2 3 5 6. \\1 The IJ Addl l\,4etropotjtan S€ oro c,r,Jrr.l" u"pl"r:ij;"il,', J[J?r:" I :: lu rne Stat;o1 House Officer nrn.rpuii] i y::99 ro SRt K JArvALrAdvocare iopu tc'nosec u ion'x,sx i#: 33t:r",":ar Hyderabad , Hyderabad Hyderabad Court at Hy Lrir ECTION OFFICER derabad (OUT) HIGH COURT DATED:02 tO512025 /i5 t, ,*l 11.; \ ( r a 1$ Irill i:m t gD {ri.'6, 1 r P -i-: :::= = ORDER CRLP.No.4021 of 2025 ALLOWING T'HE CRIMINAL PETITION s{ 6 Iax'