Telangana High Court
Angirekula Rohith vs The State Of Telangana on 8 April, 2024
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.1502 OF 2024
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to quash the proceedings against the petitioner/accused No.20 in SC.NDPS.No.275 of 2022, on the file of the learned Metropolitan Sessions Judge, Nampally, Hyderabad, registered for the offences punishable under Section 27 Narcotic Drugs and Psychotropic Substances Amendment Act, 2014 and Sections 8C, 20(b)(ii)(B), 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act').
2. Brief facts of the case are that the respondent registered a case against the petitioner and other accused stating that, on receipt of credible information that some persons are in possession of Narcotic Substances, he informed the same to his superior officer and obtained permission to verify the veracity and thereafter, he addressed a letter to CEO, Cantonment Board with a request to depute two government officials to act as mediators. Thereafter, he explained about the information he received to the said mediators. He along with the said mediators and staff went to the premises and found that the 2 SKS,J Crl.P.No.1502 OF 2024 petitioner and other accused are in possession of Ganja, Hash Oil Bottles and MDMA respectively. Basing on the complaint given by him, the Police registered a case against the petitioner and other accused in Crime No.41 of 2022 for the offences under Section 27 NDPS Amendment Act, 2014 and Sections 8C, 20(b)(ii)(B), 22(b) of the NDPS Act and after completion of investigation, they filed charge sheet and the same was numbered as SC.NDPS.No.275 of 2022 before the Metropolitan Sessions Judge, Nampally, Hyderabad.
3. Heard Sri Rajagopallavan Tayi, learned counsel appearing on behalf of the petitioner as well as Sri S. Ganesh, learned Assistant Public Prosecutor appearing on behalf of the respondent.
4. Learned counsel for the petitioner submitted that the petitioner was included in the crime stating that he has consumed Ganja and he is in touch with the prime accused. Except the confessional statement, there is no other allegation against the petitioner. As such, prayed the Court to quash the proceedings against the petitioner.
5. In support of his submission, learned counsel for the petitioner relied on the judgment of this Court in Criminal 3 SKS,J Crl.P.No.1502 OF 2024 Petition No.5502 of 2023, wherein in paragraph No.9 it is held as follows:
"09. Remand report itself reveals that upon instructions of accused No.1, accused Nos.2 and 3 came down to Hyderabad with narcotic drug cocaine and to sell the same in small quantity to the needy people. The petitioner/accused No.15 was neither arrested at the site nor was any contraband material seized from him. Moreover, all the witnesses including panch witnesses in this case were official witnesses."
6. On the other hand, learned Assistant Public Prosecutor submitted that the petitioner has addicted to consume Ganja and he has to file Medical Certificate before the trial Court, as such, prayed the Court to dismiss the petition.
7. Having regard to the rival submissions made by both the learned counsel and having gone through the material available on record, to quash the proceedings under Section 482 of Cr.P.C, the Court has to see whether the averments in the complaint prima facie shows that it constitute the offence as alleged by the Police.
8. At this stage, it is pertinent to note the Judgment of the Hon'ble Supreme Court in State of Madhya Pradesh vs. Surendra Kori 1, wherein in paragraph No.14 it is held as follows:
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(2012) 10 Supreme Court Cases 155 4 SKS,J Crl.P.No.1502 OF 2024 "The High Court in exercise of its powers under Section 482 Cr.P.C. does not function as a Court of appeal or revision. This Court has, in several judgments, held that the inherent jurisdiction under Section 482 Cr.P.C., though wide, has to be used sparingly, carefully and with caution. The High Court, under Section 482 Cr.P.C., should normally refrain from giving a prima facie decision in a case where the entire facts are incomplete and hazy, more so when the evidence has not been collected and produced before the Court and the issues involved, whether factual or legal, are of wide magnitude and cannot be seen in their true perspective without sufficient material."
9. As seen from the record, it is to be noted that the petitioner was not in possession of Ganja. The prime contention of learned counsel for the petitioner is that the petitioner has consumed Ganja is the allegation against him. Except the confessional statement there are no other allegations against him. Earlier, this Court has quashed the proceedings in Criminal Petition No.5502 of 2023 wherein it is stated that no confessional statement was recorded under Section 27 of the NDPS Act and it would remain inadmissible in the trial and quashed the proceedings stating that no charge sheet is filed till date and there is a limitation for taking cognizance, whereas in 5 SKS,J Crl.P.No.1502 OF 2024 the present case, the charge sheet is also filed and the same was numbered, as such, the said judgment is not applicable. Therefore, there are allegations against the petitioner that they are consumers of Ganja.
10. In view of the above discussion as well as the law laid down by the Hon'ble Supreme Court in State of Madhya Pradesh (supra), this Court does not find any merit in the criminal petition to quash the proceedings against the petitioner and the same is liable to be dismissed.
11. Accordingly, the Criminal Petition is dismissed. The appearance of the petitioner/accused No.20 before the trial Court is dispensed with unless his presence is specifically required during the course of trial and subject to the condition that the petitioner is being represented by his counsel on every date of hearing.
Miscellaneous applications, if any pending, shall also stand closed.
_____________ K. SUJANA, J Date: 08.04.2024 SAI