M.Aakash vs The State Of Telangana
2025 Latest Caselaw 2776 Tel

Telangana High Court

M.Aakash vs The State Of Telangana on 4 March, 2025

Author: Juvvadi Sridevi

Bench: Juvvadi Sridevi

THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI

          CRIMINAL PETITION No.2064 of 2025

ORDER:

This Criminal Petition is filed by the petitioner-accused

No.27 to quash the proceedings against him in

S.C.NDPS.No.147 of 2023 on the file of the learned II

Additional 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 J.Seetha, learned counsel for the

petitioner-accused No.27 and Mr. Jithender Rao

Veeramalla, learned Additional Public Prosecutor

appearing for the State and perused the record.

03. 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, 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.

04. 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.

05. Having heard both sides and perused the

material on record, it appears that the petitioner-accused

No.27 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 habit of

(2021) 4 SCC 1

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.

06. Accordingly, this Criminal Petition is allowed and

the proceedings against the petitioner-accused No.27 in

S.C.NDPS.No.147 of 2023 on the file of the learned II

Additional Sessions Judge, Nampally at Hyderabad, are

hereby quashed.

As a sequel, pending miscellaneous petitions, if any

shall stand closed.

__________________ JUVVADI SRIDEVI, J Date: 04-MAR-2025 KHRM