IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.5337 OF 2016 BETWEEN:
MEHABOOB DOULA S/O MEHABOOB PASHA AGED ABOUT 30 YEARS, OCC: BUSINESS RESIDING AT WARD No.10, No.131/132, RIGHT SIDE SCHOOL, JANATHA COLONY, ANDRALU POST, BELLARY TALUK AND DISTRICT – 583 101.
... PETITIONER (BY SRI JAYASHANKAR T, FOR SRI C R RAGHAVENDRA REDDY ADVOCATE) AND:
STATE OF KARNATAKA MANDI POLICE STATION MYSORE REP. BY STATE SPP HIGH COURT OF KARNATAKA – 560 001 ... RESPONDENT (BY SRI. VIJAYAKUMAR MAJAGE ADDL. SPP ) THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR AND CHARGE SHEET AGAINST THIS PETITIONER IN SPL.C.No.20/2016 (CR.No.227/2015) OF MANDI P.S., MYSURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 20(b)(i) AND 20(c) OF N.D.P.S. ACT, THE SAME IS PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSION JUDGE MYSORE.
THIS CRIMINAL PETITION COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel for the petitioner and learned Additional SPP for respondent. Perused the records.
2. Petitioner is aggrieved by the inclusion of his name in the charge-sheet as accused No.4 for the alleged offences punishable under Sections 20(b)(i) and 20(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the Act”).
3. The main contention urged by the counsel for petitioner is that, petitioner herein was not named all through out the proceedings and it is only on the basis of the voluntary statement of the co-accused, he has been sent up for trial in the charge-sheet showing him as accused No.4. No material has been produced in support of the accusation made against the petitioner. Hence, the prosecution of the petitioner is an abuse of process of Court and is liable to be quashed.
4. Case of the prosecution is that on 11/12/2015 at about 3.15 p.m., accused Nos. 1, 2 and 3 were found in possession of the ganja leaves and accused Nos. 1 and 2 were arrested at the spot and 1.20 Kgs., of ganja Leaves and 30 grams of ganja leaves were seized from the possession of accused Nos. 1 and 2. According to the prosecution accused No.3 threw away 30 grams of ganja leaves on the spot and ran away and same was seized. Insofar as the present petitioner is concerned, the only allegation made in the charge-sheet is that, the seized ganja leaves were given to accused Nos. 1, 2 and 3 by accused No.4. The Investigating Agency has not collected any material to show that the petitioner herein had either stored any ganja leaves or that he has sold any part there of to accused Nos.1,2 and 3. Solely on the basis of the voluntary statement of co-accused he has been arraigned as accused showing him as absconding. In the absence of any material to substantiate the accusation made against the petitioner, the prosecution of the petitioner has turned out to be illegal and abuse of the process of Court and cannot be allowed to be continued. Even otherwise, in the absence of any evidence to support the charges, the prosecution of the petitioner being a futile exercise, the impugned proceedings deserve to be quashed.
Accordingly, the petition is allowed.
Proceedings in Spl.Case No.20/2016 (Crime No.227/2015) of Mandi Police Station at Mysuru, for the offence punishable under Section 20(b)(i) and 20(C) of NDPS Act are quashed only insofar as petitioner/accused No.4 is concerned.
The trial shall continue against accused Nos. 1 to 3 in accordance with law.
Sd/-
JUDGE tsn*