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.5338 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 & DISTRICT – 583 101.
... PETITIONER (BY SRI JAYASHANKAR T FOR SRI C R RAGHAVENDRA REDDY, ADVOCATE) AND:
STATE OF KARNATAKA MANDI POLILCE STATION MYSORE REP. BY STATE SPP HIGH COURT OF KARNATAKA – 560001 ... 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.22/2016 (CR.No.229/2015) OF MANDI P.S., MYSURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 20(b)(i) AND 20(c) OF N.D.P.S. ACT, THE SAME IS PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS 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 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.3 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 only contention urged by the counsel for petitioner is that the 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.3. 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 14/12/2015 at about 1.30 p.m., accused No. 1 was caught red handed with 1 kg and 300 grams of ganja leaves. According to the prosecution accused No.2 threw away 70 grams of ganja leaves on the spot and ran away and same was seized. There are no allegations in the charge sheet regarding the involvement of the petitioner in the alleged sale or possession of ganja leaves. The petitioner appears to have been implicated only on the basis of the voluntary statement of the co-accused. But there is no material to show that this voluntary statement had led to any recovery of incriminating objects or other evidence so as to connect the petitioner to the alleged offence. In the absence of any material in this regard, prosecution of the petitioner undoubtedly amounts to abuse of the process of Court.
5. Having regard to the material produced by the prosecution, even if the petitioner is sent up for trial the prospects of conviction is near impossible.
For all the above reasons, petition is allowed.
Charge sheet in Spl.Case No.22/2016 (Crime No.229/2015) of Mandi Police Station at Mysuru, for the offence punishable under Section 20(b)(i) and 20(C) of NDPS Act is quashed only insofar as petitioner/accused No.3 is concerned.
The trial shall continue against accused Nos.1 and 2 in accordance with law.
Sd/-
JUDGE tsn*