Petitioner sought quashing of proceedings under NDPS Act as he owned the car used for drug transport but was unaware of the offence. The High Court held lack of knowledge negates culpability and quashed proceedings as abuse of process.
Proceedings against the petitioner in Spl.C.No.5029/2020 are quashed.
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 07TH DAY OF DECEMBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR
WRIT PETITION No.15604 OF 2020(GM-RES)
BETWEEN
Thanseer P.K., S/o K.Kalid, Aged about 28 years, Residing at Vidya Nagara, Virajpet Town & Taluk, Kodagu District-571218.
…Petitioner
(By Sri Mahadeva R.K., Advocate)
AND
…Respondents (By Sri Rohith B.J., HCGP)
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This Writ Petition is filed under Article 226 and 227 of Constitution of India read with Section 482 of the Code of Criminal Procedure, praying to quash the entire proceedings in Spl.Case No.5029/2020 (arising out of Crime No.40/2020) of Virajpet Town Police Station, Kodagu District for the alleged offence punishable under Section 20(b)(ii)(c) of NDPS Act, 1985 pending on the file of the Hon’ble II Additional District and Sessions Judge, at Kodagu – Madikeri Sitting at Virajpet vide Annexure-C, etc.
This Writ Petition coming on for preliminary hearing this day, the Court made the following:
ORDER
In this petition, accused no.19 in Spl.C.No.5029/2020 on the file of II Addl. District and Sessions Judge, Kodagu, Madikeri, sitting at Virajpet has sought quashing of the proceedings against him.
petitioner and the Government Pleader for the respondents.
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credible information regarding transportation of ganja, conducted raid and seized certain quantities of ganja from each of the accused no.1 to 12. It is stated that accused no.13 was the supplier of ganja to accused no.1 to 12. So far as the petitioner is concerned, he is the owner of the car bearing registration no. KL 58 V 9220 , which was used by accused no.2 for transporting ganja. Perusal of the entire charge sheet does not indicate that the petitioner was aware of the fact that his car would be used for transporting the ganja. Merely for the reason that he happens to be the owner of the car, he has been implicated. The matter would have been altogether different if the petitioner had the knowledge of transportation of ganja in his car. Since it is not the case of the prosecution, I do not think that the petitioner can be prosecuted for the offence punishable under section
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20(b)(II)(c) of NDPS Act. It amounts to abuse of process of court. Hence this petition stands allowed. The proceedings against the petitioner in Spl.C.No.5029/2020 on the file of II Addl. District and Sessions Judge, Kodagu, Madikeri, sitting at Virajpet are quashed.
Sd/JUDGE
sd
3 issues framed by the court
Whether proceedings against the petitioner who merely owned but did not know about the use of his car for ganja transportation can be quashed.
Whether impounding a person solely as the owner of a vehicle used for drug transport without knowledge amounts to abuse of process of court.
Whether the Writ Petition under Articles 226 and 227 read with Section 482 CrPC praying for quashing of proceedings should be allowed.
3 provisions across 3 enactments
Thanseer P.K.
The State of Karnataka
Sreenivas Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
