This Criminal Petition sought quashing of NDPS proceedings as petitioners were students. The Court dismissed it, stating quantity seized showed incrimination and the college, being a non-parties, cannot be directed.
Petition for quashing proceedings and direction to college dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 03RD DAY OF AUGUST, 2021
BEFORE
THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION No.2976 OF 2021
BETWEEN
…Petitioners
(By Sri Javeed S., Advocate)
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AND
The State of Karnataka, Represented by Kothanur Police Station, Sampigehalli Sub-Division, Bengaluru City, Represented by Special Public Prosecutor, High Court Building, Bengaluru-560001.
…Respondent
(By Sri R.D.Renukaradhya, HCGP)
This Criminal Petition is filed under Section 482 of Cr.P.C., praying to quash the entire proceedings in Cr.No.31/2021 for the offence punishable under Section 8C, 20B of NDPS of Kothanur Police, Sampigehalli SubDivision, on the file of the XXIV ACMM Court, Bengaluru and further consequences thereon, which is produced at annexure-A.
This Criminal Petition coming on for admission this day through video conferencing , the Court made the following:
ORDER
Heard the petitioners’ counsel and the learned High
Court Government Pleader for respondent-State.
the petitioners have sought quashing of the proceedings
in Crime No.31/2021 registered by the respondent-
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police station for the offences punishable under Sections 8C and 20B of the NDPS Act.
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accepted. Panchanama shows that the petitioners were caught when they were selling ganja. The quantity of ganja seized is shown as 3kg 460grams. Panchanama also shows that a police constable was sent as a decoy and after he confirmed that the petitioners were selling ganja, other members of the raiding team apprehended the petitioners. Therefore the matter has to be thoroughly investigated. I do not find any material to quash the proceedings.
Sd/JUDGE
Kmv/-
2 issues framed by the court
Whether criminal proceedings for NDPS offences can be quashed on the ground that petitioners are students picked up from a hostel without incriminating material.
Whether a direction to a non-party college to allow examination can be issued in proceedings under Section 482 Cr.P.C.
2 provisions across 2 enactments
Rajini K.
Nelson Joise
The State of Karnataka
SREENIVAS HARISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
