The High Court · 2025

The State of Telangana, through the Public Prosecutor, High Court of Telangana, Hyderabad. Ch. Sudhakar Rao, S/o not known , age Major, Occ Sl, Police Station, Narayanpur ...RESPONDENT/COMPLAINANTS Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the Charge Sheet in S C No 05 of 2023 in Crime No 47 of 2021 on the file of I Addl Dist and Session Judge at Bhongir, Yadadri - Bhongir District in respect of offence under section 8(c ) 20 (b),25,27(a),29, 37 of NDpS Act '1 985, sec 34rlw 15 TSEA Act, Sec 51(b) of Disaster management Act 2005, Sec 3(1)of the Epidemic Decease act 1897 and '1 88, 294 lPC. LA. NO: 2OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petrtion, the High Court may be pleased to Stay proceedings of the petitioner/Accused No. 47 in on the file of I Addl Dist and Session Judge at Bhongir, Yadadri - Bhongir District in respect of offence under section 8(c ) 20 (b),25, 27(a),29, 37 of NDPS Act- '1 985, sec 34rlw 15 TSEA Act, Sec 51(b) of Disaster management Act 2005, Sec 3(1) of the Epidemic Decease act '1 897 and 188, 294 IPC pending the disposal of the main Crl. Petition, This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri GRACE SHEEBA RANI, Advocate for the Petitioner and SRI JITHENDER RAO VEERAMALLA, the Additional Public Prosecutor for the Respondent No.1 and of none appeared for the Respondent No. 2. The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No.9663 OF 2025 ORDER This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023') seeking quashment of the proceedings against the petitioner/accused No.47 in SC No.05 of 2023 in Crime No.47 of 2Q21 on the file of the learned I Additional District and Sessions Judge at Bhongir, Yadadri-Bhongir.

2. The petitioner is arrayed as accused No.47 in the Sessions Case registered for the offences punishable under Sections 8(c), 20(b), 25, Z7(a\, 29, 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act'), Section 34 read with '15 of TS Excise Act, Section 51(b) of Disaster Management Act 2005, Section 3(1) of Epidemic Decease Act, 1897 and Sections 1BB,294 of IPC

3. Heard Ms.Grace Sheeba Rani, learned'counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent-State.

4. The prosecution case in brief is that on 12.03.2021 on credible information, the complainant along with Staff surprised premises at Farm House of accused No.5 located in the outskirts of the Narayanpur Village, and found number of people gathered in the said farm house and raising high noise and other accused were in the open place of the farm housq- - 2 NTlU (.r,.P.No. 966) ol 2025 and found inhaling Ganja, consuming alcoholic drinks, food by dancing on the DJ sound. Accused No.,l confessed that in his free time, he met accused Nos.3 and 4 and hatched a plan to get easy money in illegal way andaccordingly,hedecidedtoconducteventbyallowingtheillegal activities like inhaling Ganja, consuming alcoholic drinks, oroviding food, dancingandDJSoundinaccusedNo.S,sfarmhouse.Uponrecordingof the statement of admission in seizure panchanama, complaint was lodged' Whereupon, Crime No.47 of 2021 was registered alleging that the accused committed an offence under Section 27 of NDPS Act' 1985' and after investigation,charge-sheetwaslaidandconsequently'theSessionsCase was numbered vide sc NDPS No.S 0f 2023 0n the file of the learned I Additional District and Sessions Judge at Bhongir, Yadadri-Bhongir'

5.Learnedcounselforthepetitionerwouldcontendthatthepetitioner was falsely implicated in the offence' Further, he was not subjected to any test either to confirm that he was not inhaling Ganja nor he is under influence of Ganja. 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'

6.LearnedAdditionalPublicProsecutorfairlysubmitsthatexceptthe confessional statement of the accused No. 1 that the petitioner/accused No.47 is one among the other customers, no other material has been collected during investigation. That apart, the medical tests conducted 3 N]R,/ Or/.l'.Na. 9(.,6 3 nf 202 i upon the petitioner/accused No.47 to make out petitioner consuming the contraband have not yielded any positive result 7 I have perused the materials on record lt is clear by the record that except the statement of co-accused' 8. there is no other material against the petitioner. Be that as it may, the Hon'ble Apex Court in Tofan Singh v' Ihe Stafe of Tamilnadu' had held thatconfessionalstatementrecordedunderSection6ToftheNDPSAct'is inadmissible in evidence. That being the position' in the absence of any material evidence, continuance of proceedings against the petitioner would be unjustified and abuse of process of Law'

9. For the aforesaid reasons, the Criminal Petition is allowed and the proceedings against the petitioner/accused No'47 in SC No'05 of 2023 in CrimeNo.4Tof2o2lonthefileofthelearnedlAdditionalDistrictand Sessions Judge at Bhongir, Yadadri-Bhongir' are hereby quashed' Pending miscellaneous applications, if any' shall stand closed' SD/. A,JAYASREE ASSISTANT REGISTRAR @ //TRUE COPY// SECTION OFFICER To,

1. The I Additional Sessions Judge at Bhongir, Yadadri Bhongir District. 2. The I Additional Sessions Judge, at Nalgonda. 3. The Station House Officer, Narayanpur Police Station, Yadadri District 4. One CC to SRI GRACE SHEEBA RANI Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court for the State of Telangana, Hyderabad. [OUT]

6. Two CD CoPies GR,?SI ...'..---.f-,l!r'l-..\- N HIGH COURT DATED:0110812025 /_ ORDER CRLP.No.9663 ol 2025 '1,..i-).1r -^ .\r. ? 25 sEP 2025 i \\ '.i 1 ALLOWING THE CRIMINAL PETITION 1 v\ \