Uppari Eranna , Pedda Harivanam Eranna , Big Boss v. The State Of Andhra Pradesh,

HONOURABLE SRI JUSTICE N. BALAYOGI CRIMINAL PETITION No.8284 of 2011 ORDER:

1.

This Criminal Petition is filed by the petitioner-accused No.7 under Section 482 Cr.P.C. seeking to quash the proceedings against him in C.C.No.196 of 2011 on the file of the Judicial First Class Magistrate, Adoni, Kurnool District.

2.

It is the contention of the petitioner-accused No.7 that the Inspector of police, Adoni II Town Police Station arrested A1 to A3 in the above C.C. on 23.6.2010, and A1 to A3 confessed that they purchased hemp leaves from A4 to A7 as they were giving Matka beat to them on commission basis, and accordingly, the petitioner was arrayed as accused No.7 and that the confession of co-accused is inadmissible and that the mandatory provision under Section 50 of the NDPS Act has not been complied with. 3.

The facts of the case are that on 23.6.2010 at about 4.30 p.m., the Inspector of police arrested A1 to A3 near Vishwa Hindu Parishad in Matkargeri, Adoni Town and seized 250 grams of Ganja, matka chits and an amount of Rs.4,630/- from their possession while they were selling hemp leaves. A1 to A3 confessed that they purchased the hemp leaves from A4 to A7 as they were giving matka beat to them on commission basis.

4.

Basing on the police report, a case in Crime No.116 of 2010 was registered for the offence under Section 20 of the NDPS Act and Section 9(1) of the A.P. Gaming Act. A charge sheet was filed against seven persons and the petitioner was arrayed as accused No.7 therein.

5.

The learned Public Prosecutor contended that the petitioner-accused No.7 was arrested on the basis of confession made by A1 to A3 that the petitioner-accused No.7 was selling hemp leaves. 6.

A perusal of the entire record goes to suggest that A1 to A3 in the above C.C.No.196 of 2011 were arrested on 23.6.2010, and an amount of Rs.4,630/- and 250 grams of ganja, matka chits were seized from the possession of A1 to A3. Basing on the confession made by A1 to A3 that they purchased the hemp leaves from the petitioner and others, the petitioner was arrayed as accused No.7.

7.

In all, the prosecution examined eight witnesses. The first witness i.e., L.W.1-U. Vengal Reddy, Mandal Agriculture Officer, L.W.2-B. Satyanath, VRO, Mandigiri Panchayat, Adoni Town, L.W.3-V.V. Ramana, P.C.2230, L.W.4-Nagaraj, P.C.2933, L.W.5-Thikkaswamy, P.C.1307, L.W.6-P. Vedamurthy, P.C.1450, Adoni II Town Police Station spoke about arrest of A1 to A3 and seizure of ganja, matka, cell phone, motor cycle and cash. L.W.7-A Devadanam, Inspector of Police, Adoni II P.S., spoke about the investigation and arrest of A1 to A3 and seizure of matka, ganja, motor cycle and cash. L.W.8 A. Srinivas, Inspector of Police Adoni II Town P.S., spoke about filing of charge sheet.

8.

Admittedly, no information connecting the petitioner-Accused No.7 with the offence was collected nor any hemp leaves were recovered from the petitioner-accused No.7. Except the allegation made by A1 to A3 in their confession that the petitioner was selling hemp leaves and they purchased the same from the petitioner, nothing is placed before the Court to connect the petitioner-accused No.7 with the crime. The confession of co-accused is inadmissible and it cannot be used as evidence against the

petitioner. It is well settled law that mere confession is not a ground to proceed against a person, and such confession is inadmissible. Therefore, the proceedings against the petitioner-accused No.7 in the above C.C. are liable to be quashed.

9.

Accordingly, the Criminal Petition is allowed and the proceedings against the petitioner-accused No.7 in C.C.No.196 of 2011 on the file of the Judicial First Class Magistrate, Adoni, are hereby quashed. Consequently, miscellaneous petitions pending, if any, shall stand closed. _____________________ JUSTICE N. BALAYOGI Date: 6th October, 2017 Nn

HONOURABLE SRI JUSTICE N. BALAYOGI CRIMINAL PETITION No.8284 of 2011 Date: 6th October, 2017 Nn