The High Court · 2025

1. The State of Telangana, Rep.by its Public Prosecutor High Court Buildings, High Court, Hyderabad.

2. A. Ramesh, Addl. lnspector of Police, P.S. Jubilee Hills, Hyderabad. ...RESPONDENT/DEFACTO COMPLAINANT ...RESPONDENT NO.1 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Quash the Proceedings against the Petitioner/Accused No.3, in S.C. N.D.P.S. No. 87 OF 2023, On the file of fVletropolitan Sessions Judge, Hyderabad. l.A. NO: 1 OF 2023 Petition under Section 482 of Cr P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to stay all further proceedings against the petitioner/accused No.3 in S.C. N.D.P.S. No. 87 of 2023, on the file of Metropolitan Sessions Judge, Hyderabad including appearance. This Petition coming,on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri D.Satyanaeyana, Advocate for the Petitioner and the Public Prosecutor (fG/AP) on behalfofthe Respondent No.1 and 2. The Court made the following: ORDER THE HONOURABLE SMT. JUSTICE JUWADISRIDEVI CRIMINAL PETITION No.8362 o12023 ORDER: This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure Code, 1973 (for short 'Cr P.C.'), by the petitioner-accused No.3 seeking to quash the proceedings against him in S.C.NDPS.No.87 of 2023 pending on the file of the learned Metropolitan Sessions Judge at Nampally, Hyderabad. The offence alleged against the petitioner is under Section 217 of Na;.cotic Drugs and Psychotropic Substances Act, 1985 (for short the 'Act')

2. Heard [Vlr. K.Rama Kotaiah, Iearned counsei representing ItIr. D.Satya Narayana, learned counsel for the petitioner and It/lrs. S. Madhavi, Iearned Assistant Public Prosecutor appearing for the respondents-State and perused the record.

3. The allegation against the petitioner is that he is a consumer and was found in possession of 5 grams of Hash Oil

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the case. The police filed charge sheet against the petitioner without conducting proper investigation and in violation of the mandatory procedure prescribed under sections 42 and 50 of the Act for search and seizure. There is \ 2 no evidence to establish the guilt of the petitioner, except his coerced confession statement made before the Police, which is inadmissible in law. He further submits that the petitioner is a consumer and the quantity seized from him is a small quantity. Section 64-4 of the Act, provides immunity from prosecution to the consumers/addicts, who volunteers for treatment. ln the present case, the petitioner had voluntarily undergone treatment and the medical tests have confirmed that no narcotic or psychotropic substance was found in his body. Hence, he is entitled for immunity from prosecution under Section 64-4 of the Act and accordingly, prays for quashing of proceedings against the petitioner.

5. Learned Assistant Public Prosecutor fairly conceded to the fact that petitioner is a consumer and the contraband seized from his possession is a small quantity. As the petitioner had undergone ent voluntarily and medical tests confirmed the absence of or psychotropic substance in his body, he is entitled for om prosecution under Section 64-4 of the Act ection 64-4 of the Act, the consumers of narcotic ychotropic substances have got immunity from case they volunteer for treatment. lt would be 3 appropriate to refer to Section 64-4 of the Act' which reads as . ..to. aldlct: '64A. tmmunity frcm prose.cution io,iunteering for treatment'-Any addict' .wno^- Is .i'"r.io witi an offence punishable under section 27 or iitn'oft"r""" involving small quantity of narcottc drugs l)'nsvchotropic substances, who voluntarily se€ks itir["r* i,ia"al treatment for de-addiction from a "n"f,niiiui institution maintained or recognized by the 'd"tri:iii"it or a tocat authoritv and underg.oes such iiuiiini tnun not be tiabte to pros-ecution under section or under any other section for offences nvotvtng i'rui qi"nt,tv ot narcoti: drugs or psychotropic 'Provided that the said immunitv from ;;;lrr;;;, "olJ"irtion may be withdrawn if the addict does not '"iJiiii n" complete treatment for de'addiction " "n '21- o, t i 7 ln the instant case, admittedly, the petitioner is a consumer ,nO the quantity which has been seized from his possession is a small quantity. From the above provision' it is clear that if the consumers/addicts volunteers to undergo treatment, the immunity from prosecution under Section 64-4 of the Act is applicable to them' / lnthepresentcase'thepetitionerhimselfhadvoluntarilyunderwent treatment and has filed a certiflcate issued by the Asha De-Addiction Center, Banjara Hills, Hyderabad' The said certificate confirms that the petitioner has attended the said De-Addiction Center for Counselling/Therapy sessions on various dates i e ' on 10 07 '2023' 26.07.2023, 29.07'2023, 31'07 2023 and 04'08 2023' Further' he was cluly screened for substance of abuse through urine tests on

1907.2023and10.08.2023,bothofwhichyieldednegativeresults. Therefore, it is evident that no narcotic or psychotropic substances ; 4 were present in his body and the petitioner, who is a consumer/ an addict, is entitled for immunity from prosecution under Section 64-4 of the Act B. Accordingly, this Criminal Petition is allowed and the proceedings against the petitioner-accused No.3 in S.C.NDPS No BT of 2023 pending on the file of the learned lVletropolitan Sessions Judge at Nampally, Hyderabad, are hereby quashed Pending Miscellaneous Petitions, if any shall stand closed. //TRUE COPYII SD/. B.REKHA RANI ASSISTANT REGISTRAR SECTION OFFICER To, '1 . The ltiletropolitan Sessions Judge, Hyderabad 2. The Station House Officer, Jubilee H'ills, Banjara Hills Division, Hyderabad 9 9n" QQ to S1i D Salyanarayana, Advocate (OeUCl 4. Two CCs to Public Prosecutor, High Court for the Siate of Telangana at 5. Two CD Copies Ks/PSL Hyderabad (OUT) \ ( o iJ i Hr- S f;:q ){i 2 3 IUB 206 {i' ,) t oa:.q .l,' -,-,r t ' HIGH COURT DATED:3010712025 ORDER GRLP.No.8362 o12023 Allowing the Crl.P. &s