Petitioner sought to quash NDPS proceedings relying on lack of possession evidence and inadmissibility of police confession. Court applied Supreme Court precedent barring use of confessions obtained by NCB officers.
Criminal Petition allowed; impugned proceedings in Spl.C.C.No.1822/2023 insofar as accused No.1 is quashed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 751 OF 2024
BETWEEN:
MR. BENSON BENNY, S/O BENNY LUKOSE, AGED ABOUT 24 YEARS, R/AT NO.11, SFS ENCLAVE, 8TH A MAIN ROAD, 11TH CROSS, ANANTHA NAGARA, VTC: KAMMASANDRA, ELECTRONICS CITY PHASE – 1, ANEKAL, BENGALURU – 560 100.
IN COMPLAINT NAME IS INDICATED AS: MR.BENSON @ BENSON BENNY, S/O BENNY LUKOSE.
…PETITIONER
(BY SRI. AMAR CORREA., ADVOCATE)
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
AND:
UNION OF INDIA, THROUGH INTELLIGENCE OFFICER, NARCOTICS CONTROL BUREAU, BENGALURU ZONAL UNIT, YELAHANKA, BENGALURU – 560 064.
…RESPONDENT
(BY SRI. MALLANAGOUDA H., ADVOCATE)
THIS CRL.P. IS FILED U/S 482 OF CR.P.C., PRAYING TO 1. SET ASIDE THE ORDER DATED 23.08.2023 PASSED BY THE HONBLE XXXIII ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPL.JUDGE FOR NDPS CASES IN SPL.C.C.NO.1822/2023 (ARISING OUT OF NCR F.NO.48/1/30/2022/BZU OF RESPONDENT POLICE) THEREBY TAKING COGNIZANCE OF THE OFFENCE P/U/S 8(c) R/W
20(b)(ii)(A), 23(a), 27, 27(a), 28 AND 29 OF NDPS ACT AND ISSUING SUMMONS TO THE PETITIONER AND ANOTHER ARRAYING THIS PETITIONER AS ACCUSED NO.1 AS AGAINST THE PETITIONER VIDE ANNEXURE - A2.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is sought to be prosecuted for the offences punishable under Sections 20(b)(ii)(A), 23(a), 27, 27A, 28, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act').
independent witnesses and not in the presence of the petitioner. There is no material evidence to establish that the ganja was procured by the petitioner. The alleged receipt of a dummy parcel by the petitioner is not supported by any corroborative evidence to substantiate the allegations against him. Therefore, in the absence of any seizure of ganja in the petitioner’s conscious possession, the continuation of criminal proceedings would be an abuse of the legal process. Additionally, the counsel submits that apart from the confession statement of the petitioner/accused No.1, there is no corroborative material to substantiate the allegations. As such, the confession statement recorded is inadmissible in law under Section 25 of the Evidence Act. In support of this argument, reliance is placed on the decision of the Apex Court in Tofan Singh v. State of Tamil Nadu (2021) 4 SCC 1.
the complaint, to intercept the receiver of the suspected parcel, the NCB team approached the postal authority on 21.12.2022. A dummy parcel was arranged at the post office, and at around 15:30 hours, one Benson, also known as Benson Benny, arrived to collect his parcel, which he had booked. Upon receiving the parcel and signing the delivery manifest, the NCB officers approached him, introduced themselves, and inquired about the parcel. Benson Benny was then summoned to record his statement regarding the parcel. Subsequently, the petitioner/accused voluntarily accompanied the NCB for further interrogation, during which he confessed to procuring ganja for self-consumption and on behalf of accused No.2.
ORDER
i. Criminal Petition is allowed. ii. The impugned proceedings in
Spl.C.C.No.1822/2023 on the file of XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS cases, Bangalore insofar as accused No.1 is hereby quashed.
RKA
3 issues framed by the court
Whether criminal proceedings under the NDPS Act against a person whose name was on a parcel can continue without material evidence of possession.
Whether confessional statements recorded by NCB officers during interrogation are admissible under Section 25 of the Evidence Act.
Whether the proceeding constitutes an abuse of the legal process in the absence of corroborative evidence of physical or constructive possession.
Colour shows how this judgement treated each authority
Tofan Singh v. State of Tamil NaduApplied¶253132
Tofan Singh v. State of Tamil Nadu (2021) 4 SCC 1 · Who else cites this
4 provisions across 3 enactments
Mr. Benson Benny
Union of India through Intelligence Officer, Narcotics Control Bureau, Bengaluru Zonal Unit
Hemant Chandangoudar
As recorded by the court registry
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