The High Court · 2025

This Petition coming on for hearing, upon perusing lre [\,,temorandum of Grounds of Criminal Petition and upon hearing lle arguments of Sri N. ABHISHEK, Advocate for the Petitioner and Sri. Jither ler Rao Veeramalla the Additional Public Prosecutor (TG) on behalf of the F( ;pondent No.1 and none appeared for the Respondent No.2. The Court made the following: ORDER I ! THE HON'BLE SMT. JUSTICE TIRUMALA DEVIEADA cRIMINAL PETITION No.1 1736 0F 2025 ORDER: This Criminal Petition is filed by the petitioner-accused No.B seeking to quash the proceedings against him in Crime No.'1 881 of 2025 of Gachibowli Police Station, Cyberabad, registered for the offences under Sections 8(c), 22(c), 22(b),27A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act') 2 Heard Sri N. Abhishek, learned counsel for the petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No 1-State

3. Learned counsel for the petitioner submitted that the petitioner is accused No.8 in the present crime. The petitioner is arrayed as an accused based on the confession of the co-accused. He further submitted that there are no allegations as to the consumption or serzure of contraband from the petitioner herein. During the course of investigation, no contraband was seized from the possession of the petitioner. He further submitted that on the date of alleged incident, the petitioner was attending to his official duties and further, he has been subjected to medical test and no traces of drug were found as L] If.J (': I P No II:36 ol'2025 per the t\tledical Report. Therefore, continuatic,r of proceedings ) against the petitioner herein would be an abuse of t r )cess of law. He, therefore, prayed to quash the proceedings in te present crime against the petitioner herein

4. Learned Additional Public Prosecutor s I lmitted that no contraband was seized from the possession of the etitioner and that the lvledical Report can be considered by the lnvest 1 ating Officer

5. Perused the record

6. The case of the prosecution is that acc r sed Nos,1 to 3 consumed drugs on 25.08.2025 and the petitionr: was arrayed as accused No.B based on the confession made by z r cused Nos.'l to 3 only. It is further elicited during investigation tt at accused No.1 procured the drugs and booked the service apartnr rnt for Rev Party. During the course of arguments, the petitioner's cor- r sel has submitted that the petitioner was attending his official duti:; on the date of alleged offence and has also produced the rele,r ant sheet of the attendance register disclosing the attendance of t I I petitioner in the office on the date of alleged offence i.e.,25.08.202t,. Admittedty, there is no seizure from the petitioner herein and tt-: recitals of the complaint do not show that the petitioner is arresle I at the scene of J ETD,J Crl.P.No.l t736 of2025 offence. The petitioner is arrayed as an accused based on the confession statement of the co-accused. Further, this Court in similar circumstances, in Crl.P No.12982 of 2025, dated 08.10.2025, and Crl P.No.2753 of 2025, dated 25.02.2025, quashed.the proceedings against the petitioners therein applying the decision of the Honourable Apex Court in Tofan Singh v. State of Tamil Nadu1, wherein it is held that the statement made by the co-accused under Section 67 of the N DPS Act cannot be made a sole basis to prosecute the petitioner therein. Considering the same, the proceedings in the present crime also deserve to be quashed, as continuation of proceedings against the petitioner herein amounts to abuse of process of law.

7. Accordingly, the Criminal Petition is allowed and the proceedings in Crime No.1881 of 2025 of Gachibowli Police Station, Cyberabad, are hereby quashed against the petitioner herein. Nliscellaneous Petitions pending, if any, shall stand closed. I bDht" >(2>l //TRUE COPY// Sd/. K. BHAVANI SWAMY ASSISTANT REGISTRAR 6 SECTION OFFICER To

1. The X Additional metropolitan magistrate Kukatpally AT HYDERABAD Prashant Nagar, Cyberabad, Ranga Reddy District.

2. The SHO. Gachibowli Police Station, Cyberabad Commisionerate, Serilingampally, Ranga Reddy District

3. One CC to SRl. ABHISHEK N Advocate [OPUC] 4. Two Copies to PUBLIC PROSECUTOR, High Court for the State of Telangana at Hyderabad [OUT]

5. Two CD CoPies PK,iPR I I I I l HIGH COURT DATED:1711112025 ORDER CRLP.No.11736 of 2025 t .- ' --..r'; \- .'ii.ii U i.' -]. )o() ,rili !,,i t -r= ll li')I . --; -.1 ..7' CRIMINAL PEITITION IS ALLOWED AND TFI: PROCEEDINGS IN Crime None No. 1881 of 2J25 of GACHIBOWLI POLICE STATION, CYBERAE,, \D ARE HEREBY QUASHED. q p