Telangana High Court
Komi Sudakar Reddy Sudhakar Shiva ... vs The State Of Telangana, on 17 February, 2025
Author: Juvvadi Sridevi
Bench: Juvvadi Sridevi
THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI
CRIMINAL PETITION No.2153 of 2025
ORDER:
This Criminal Petition is filed under Section 528 of Bharatiya
Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS'), by the
petitioner/accused No.9 to quash the proceedings against him in
S.C.NDPS.No.147 of 2023 on the file of II Additional Metropolitan
Sessions Judge, Hyderabad at Nampally, pertaining to Crime
No.375 of 2022 of P.S. Amberpet, registered for the offences
punishable under Sections 8(c) r/w. 20(b) (ii) (B) and 27 of Narcotic
Drugs and Psychotropic Substances Act, 1985 (for short 'Act, 1985').
2. Heard M/s.Meghana Addla Suneel, learned counsel for the
petitioner and Sri. Jithender Rao Veeramalla, learned Additional
Public Prosecutor appearing for the State-respondent and perused
the record.
3. Basing on the complaint, dated 07.09.2022, that accused are
in illegal possession of Ganja, the Police, Amberpet Police Station,
rushed to the scene and seized the contraband from the possession
of accused Nos.1 and 4, a case in Crime No.375 of 2022 was
registered against the petitioner and others. After completion of
investigation, charge sheet was filed, cognizance was taken and the
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case was numbered as S.C.No.147 of 2023 for the aforesaid
offences.
4. Learned counsel for the petitioner submits that though the
petitioner is not present at the scene of offence and nothing was
recovered from his possession, merely basing on the confession of
co-accused, the petitioner was falsely implicated in the case. In
support of his contention, learned counsel relied on the judgment of
the Hon'ble Supreme Court in Tofan Singh v. State of Tamil
Nadu 1, wherein, it was held that the confessional statements
recorded under Section 67 of the Act, 1985, will remain inadmissible
in the trial of an offence under the Act, 1985.
5. On the other hand, learned Additional Public Prosecutor
opposed the petition stating that specific allegations are levelled
against the petitioner and the truth or otherwise of the allegations
levelled against the petitioner can only be known after conducting
full-fledged trial before the trial Court, and hence, prayed to dismiss
the petition.
6. Having heard both sides and perused the material on record, it
appears that the petitioner/accused No.9 is a consumer, he was not
present at the scene of offence and nothing was seized from his
(2021) 4 SCC 1
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possession. Though a Medical test was conducted on the
petitioner, the results were reported as 'Negative'. Furthermore, the
petitioner was arrayed as an accused in the crime basing on the
confession statement of co-accused, which is inadmissible in the trial
of an offence under the Act, 1985, as per the judgment of the
Hon'ble Supreme Court in Tofan Singh's case (supra). In the said
circumstances, the continuation of proceedings against the petitioner
amounts to abuse of process of law and the same are liable to be
quashed.
7. This Criminal Petition is accordingly allowed and the
proceedings against the petitioner/accused No.9 in
S.C.NDPS.No.147 of 2023 on the file of II Additional Metropolitan
Sessions Judge, Hyderabad at Nampally, are hereby quashed.
Pending miscellaneous petitions, if any shall stand closed.
_____________________
JUVVADI SRIDEVI, J
Date: 17.02.2025
BV
