Petitioner sought quashing of NDPS proceedings arising from seizure of 35 grams ganja and 10 grams charas from a car during an election-code vehicle check. The court held Sections 42 and 50 were not attracted, Section 57 was complied with, and prima facie material existed; it declined inherent jurisdiction.
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NC: 2024:KHC:48943 CRL.P No. 10545 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 10545 OF 2024
BETWEEN:
SRI ADITYA KUMAR S/O SANTHOSH KUMAR AGED ABOUT 24 YEARS R/O NAKSHTRA HEIGHT APARTMENT NEAR GARVA SHOPPING CENTRE NASIK MAHARASHTRA.
…PETITIONER
(BY SRI MOHAMMED ASHHAR C.K, ADV.)
AND:
STATE BY DEPUTY SUPERINTENDENT OF EXCISE, VIRAJPET SUB DIVISION VIRAJPET (MADEKERI DISTRICT) REPRESENTED BY SPP KARNATAKA HIGH COURT BENGALURU - 560 001.
Digitally signed by NANDINI MS Location: High Court of Karnataka
…RESPONDENT
(BY SRI M. DIWAKAR MADDUR, HCGP)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN CC NO. 686 OF 2024 PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC AT PONNAMPET, MADIKERI DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTION 20(b), 20(b)(ii)(B), 25, 27(b), 8(c) OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 INSOFAR AS THE PETITIONER IS CONCERNED.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
NC: 2024:KHC:48943 CRL.P No. 10545 of 2024
ORAL ORDER
NC: 2024:KHC:48943 CRL.P No. 10545 of 2024
of the accused 35 grams of ganja and 10 grams of charas was recovered. The apprehended accused and the contraband article which were seized under a panchanama were brought back to the office of the Excise Department, and thereafter, FIR was registered against the accused persons. After completion of the investigation, charge sheet has been filed against four persons for the aforesaid offences and the petitioner is arrayed as accused no.4 in the charge sheet. The Trial Court vide order dated 06.06.2024 has taken cognizance of the charge sheeted offences and being aggrieved by the impugned criminal proceedings, accused no.4/petitioner is before this Court with a prayer to quash the entire proceedings as against him.
petitioner is an Engineering student and pendency of this case has been causing him untold hardship. He also submits that the officials have not complied with the requirement of Section 50 of the NDPS Act, and therefore, seizure of contraband article gets vitiated. He submits that Section 42 of the NDPS Act has also not been complied in the present case.
NC: 2024:KHC:48943 CRL.P No. 10545 of 2024
NC: 2024:KHC:48943 CRL.P No. 10545 of 2024
accused were also subjected to medical examination and their urine sample was forwarded to FSL for toxicology analysis report. The material on record would go to show that except the petitioner, the other three accused had tested positive for having consumed ganja. The chemical examination report of the seized contraband article which is available on record would also go to show that the seized contraband articles have tested positive for ganja (cannabis) and charas. Therefore, at this stage, it cannot be said that there is absolutely no material to proceed against the accused for the offences punishable under the provisions of the NDPS Act.
NC: 2024:KHC:48943 CRL.P No. 10545 of 2024
also available on record. Under the circumstances, I am of the opinion that this is not a fit case for exercising the inherent powers of this Court under Section 482 Cr.PC. I, therefore, do not find any merit in this petition. Accordingly, the petition is dismissed.
Sd/(S VISHWAJITH SHETTY)
JUDGE
KK
3 issues framed by the court
Whether criminal proceedings against accused no.4 should be quashed on the ground that the seized quantity (35g ganja, 10g charas) is small and offences are not attracted.
Whether non-compliance with Sections 42 and 50 of the NDPS Act vitiates the seizure and warrants quashing.
Whether invocation of wrong provisions in the charge sheet is a ground to quash proceedings under Section 482 Cr.PC.
5 provisions across 2 enactments
Aditya Kumar
State by Deputy Superintendent of Excise, Virajpet Sub Division, Virajpet
S Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
