Rohit Chandra Shekar Alias Rohit vs The State Of Telangana
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Telangana High Court

Rohit Chandra Shekar Alias Rohit vs The State Of Telangana on 22 January, 2025

Author: Juvvadi Sridevi

Bench: Juvvadi Sridevi

THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI

         CRIMINAL PETITION No.424 of 2025

ORDER:

This Criminal Petition is filed by the petitioner-

accused No.1 to quash the proceedings against him in

S.C.N.D.P.S.No.144 of 2023 on the file of the learned

Metropolitan Sessions Judge, Nampally at Hyderabad,

registered for the offences punishable under Sections 8(c)

read with 20(b)(ii)(B), 27 of the Narcotic Drugs and

Psychotropic Substances Act, 1985 (for short 'Act, 1985').

02. Heard Sri S.Ganesh, learned counsel for the

petitioner-accused No.1 and Mr. Jithender Rao

Veeramalla, learned Additional Public Prosecutor

appearing for the State and perused the record.

03. As per the case of the prosecution, on

28.10.2022 at about 15:00 hours, the Police seized Ganja

weighing about 1.10 kgs, 3 chocolate bars mixed with

hash oil wrapped in foil from the accused No.3 at MCH

Ground, Musheerabad.

04. 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 the co-accused No.2,

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 Nadu1, 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.

05. 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.

(2021) 4 SCC 1

06. Having heard both sides and perused the

material on record, it appears that the petitioner-accused

No.1 was not present at the scene of offence and nothing

was seized from his possession. As seen from the

contents of the charge sheet, during the course of

investigation, the Police have not conducted any medical

test on the petitioner to show that he is in habitual

consumption of any narcotic substance. 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 Honourable 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.

07. Accordingly, this Criminal Petition is allowed

and the proceedings against the petitioner-accused No.1

in in S.C.N.D.P.S.No.144 of 2023 on the file of the

learned Metropolitan Sessions Judge, Nampally at

Hyderabad, are hereby quashed.

As a sequel, pending miscellaneous petitions, if any

shall stand closed.

_____________________ JUVVADI SRIDEVI, J Date: 22-JAN-2025 KHRM