High Court · 2025

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE SIXTEENTH DAY OF SEPTEIVIBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION NO: 12025 OF 2025 Between: fi/ Subham kumar alias Shuban, S/o l\rl Pavithra kumar, Aged about 28 years, Occ private employee, R/o 3- 10- 20i44, Gokhale Nagar, Ramantapur, Hyderabad- 500 013. AND 1 The State Of Telangana, Through Public Prosecutor, High Court for the State of Telangana at Hyderabad. 2 P. Sudhakar, lnspector of Police, Amberpet Police Station, Hyderabad. ... PetitioneriAccused No.1 0 .Respondents Petition under Section 528 of BNSS praying that in the circumstances stated in the f\/emorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings against the Petitioner/Accused No. 10 in SC. NDPS. No. 104 OF 2023 on the file of Metropolitan Sessions Judge, at Nampally, Hyderabad as the same is untenable either on facts or under law, l.A. NO: 2OF 2025 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 stay all further proceedings in SC.NDPS No.104 of 2023 on the file of Metropolitan Sessions Judge, at Nampally, Hyderabad including appearance of the Petitioner pending disposal of the main Criminal Petition in the interest of justice. This Petition coming on for hearing, upon perusing the lVlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri lt/ohammed Zubat Akram, Advocate for the Petitioner and lvlrs. Shalini Saxena, Assistant Public Prosecutor on behalf of the Respondent Nos. 1 and 2. The Court made the following: ORDER THE HON.BLE SMT. JUSTICE TIRUMALA E:'E:VI EADA CRIMINAL PETITION No.1 2025 o1' 12025 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 in SC NDPS No.104 of 2023 on the fil€ ,:f the learned Metropolitan Sessions Judge, Nampally, at Hyderabad

2. Heard fulr.Mohammed Zubair Akram, learned counsel for petitioner and Mrs.Shalini Saxena, learned Asr;istant Public Prosecutor apprearing for the respondent Nos.1 anrl 2-State

3. The prosecution case in brief is that on )9.12.2022, on credible information, the complainant along with S;taff surprised premises at Patel Nagar Chowrastha, Amberpel, and found in suspicious manner holding a polythene cover. C)n seeing the Police, when perturbed, they were apprehended ard on search, found that they are in possession of MDMA drug anrl Ecstasy pills and on enquiry, revealed their identities and they have informed that they purchased the contraband from accused No.1 and that they sold small quantities of contraband to sr3\/eral persons iqcluding the petitioner/accused No.10. Upon rercording of the 2 statement of admission in seizure panchanama, complaint was lodged. Whereupon, Crime No.499 of 2022 was registered alleging that the accused committed an offence under Section B(c) read with 22(b) and 27 of the NDPS Act and consequently, the Sessions Case was numbered vide SC NDPS No.1O4 of 2023 on the file of the learned Metropolitan Sessions Judge, Nampally, Hyderabad

4. 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 the petitioner/accused No.'l 0 is a consumer, no other material or documents either evidencing purchase or consumption of the contraband. The petitioner/accused No.10 did not undergone medical tests to detect the trace of drug. Thus, there is absolutely no evidence to implicate the petitioner, as such, continuance of proceedings against him would be unjust. He further submitted that a co-ordinate bench of this Court has quashed the proceedings against accused Nos.7 and 1 'l , vide orders dated

03.07.2025 and 15.O7.2025 in Crl.P.Nos.B0B3 and 8748 of 2025. Hence, the petitioner is entitled to the same relief that was **7 3 granted in favour of accused Nos. 7 and 11. Hence he prayed to quash the proc=edings against the petitioner.

5. Learned Assistant Public Prosecutor fairl'r submits that except the confessional statement of the accuserl No.1 that the petitioner/accused No.10 is one among the other c;ustomers, no other material has been collected during investigaticn. That apart, no medical tests conducted upon the petitioner/ac:used No.10 to make out petitioner consuming the contraband.

6. Perused the record. 7 - The record further reveals that a co-ordinat,: Bench of this Court has quashed the proceedings against accus,ed Nos.7 and 11 in Crl.P.Nos.B0B3 and B74B o'f 2025, by orders dated

03.07.2025 and 15.07.2025, respectively, ctrrrsidering the decision of the Hon'ble Apex Court in Tofan Singh v. The State of Tamilnadul wherein it was held that a confess onal statement recorded under Section 67 of the NDPS Act is ir,adnrissible in evidence. That being the position, in the absence of any material evidence, continuance of proceedings against 1.he petitioner would be unjustified and abuse of process of Law. lt is also clear ' :ozr 1+; scc r I by the record that except the statement of co-accused, there is no other material against the petitioner. B. For the aforesaid reasons, the Criminal Petition is allowed and the proceedings against the petitioner/accused No.10 in SC NDPS No.104 of 2023 on the file of the learned Metropolitan Sessions Judge, Nampally, Hyderabad, are hereby quashed. Pending miscellaneous applications, if any, shall stand closed. Sd/. A.H.S. GOWRI SHANKAR ASSISTANT REGISTRAR //TRUE COPY/i SE +,J" OFFICER To, .1 . The l\,4etropolitan Sessions Judge, Nampally, Hyderabad 2. The lV Additional Chief li/etropolitan Magistrate, Nampally, Hyderabad 3. The Station House Officer, Amberpet Police Station, Hyderabad 4. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

5. One CC to Sri lrilohammed Zubair Akram, Advocate [OPUC] 6. Two CD Copies ABK/kam \.V \ \ HIGH COURT DATED: 1610912025 ORDER CRLP.No.12025 ot 2025 ALLOWING THE CRIt\4INAL PETITION 1 cud"A \-4- fow\a' .\\ ,l: l'\:i ,_,.i\ 1 7 ltJ0 t/ 2W ..1 t- o