- 1 - NC: 2025:KHC:11203 CRL.P No. 529 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 529 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI. NEVILLE DEION PATRAO AGED ABOUT 26 YEARS, R/AT DINNUR MAIN ROAD, R.T. NAGAR,BANGALORE-560 032. …PETITIONER (BY MR. RAGHAVENDRA K.N.,ADVOCATE) AND: STATE REPRESENTED BY SANJAYANAGAR POLICE STATION …RESPONDENT (BY SRI. RAHUL RAI, HCGP) THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS PENDING AGAINST THE PETITIONER IN CC NO. 463/2023 FIR NO. 93/2021 J.C.NAGAR P.S. BENGALURU CITY, ON THE FILE OF THE HONBLE XXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH:35), AT BENGALURU CITY FOR AN OFFENCE PUNISHABLE UNDER SECTIONS 20(B) AND 20(C) OF NDPS ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11203 CRL.P No. 529 of 2025 ORAL ORDER Learned HCGP accepts notice for respondent - State. 2. The petitioners in these petitions who are accused Nos.5, 6 and 10 who are facing trial for the offences punishable under Sections 20(b) and 20(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') are before this Court seeking relief. 3. According to the prosecution's case, on 20.06.2021, credible information led to a raid where three individuals, accused Nos.1 to 3, were caught with 950 grams of ganja. They allegedly confessed to procuring the substance from accused Nos.4 to 6, who purportedly bought it from a Dark website. Subsequently, accused Nos.4 to 6, including the petitioner, were apprehended, and their mobile phones, laptops and vehicle were seized. Data retrieved from the petitioner's phone allegedly indicated involvement in purchasing ganja from the Dark website. 4. The accused No.4 had approached this Court in W.P.No.11823/2023 challenging the very impugned proceedings and this Court vide order dated 06.03.2024 quashed the proceedings insofar as it relates to accused No.4 by observing as follows: "5. Initially, accused Nos.1 to 3 were apprehended based on the information received. Their confession implicated accused Nos.4 to 6 in - 3 - NC: 2025:KHC:11203 CRL.P No. 529 of 2025 procuring ganja from the Dark website. Subsequently, the petitioner was arrested, and his electronic devices were seized for forensic examination. 6. The forensic report, part of the charge sheet, revealed no incriminating data in the cloud or any associated social media accounts on the petitioner's phone. It indicated visits to the Dark website but did not conclusively prove ganja procurement. Lack of corroborating evidence renders reliance on co-accused confessions, inadmissible under Section 25 of the Indian Evidence Act, insufficient for prosecution. 7. The Hon'ble Supreme Court in the case of Tofan Singh - vs- State of Tamil Nadu - (2021) 4 SCC 1 at para-158.1 has held as follows: "158.1. That the officers who are vested with powers under Section 53 of the NDPS Act are "police officers" within the meaning of Section 25 of the Evidence Act, as a result of which any confessional statement made to them would be barred under the provisions of Section 25 of the Evidence Act, and cannot be taken into account in order to convict an accused under the NDPS Act." 8. The Hon’ble Supreme Court in the case of Tofan Singh -vs- State of Tamil Nadu reported in (2013) 16 SCC 31, has held that, any confessional statement made to officers empowered under Section 53 cannot be taken into account in order to convict an accused, except to the extent found "relevant" under Section 53A, and when corroborated in accordance with law." - 4 - NC: 2025:KHC:11203 CRL.P No. 529 of 2025 5. Therefore, in the absence of any corroborative material to substantiate the allegation against the petitioners and the continuation of the criminal proceedings only on the basis of confession statement of the accused will be an abuse of process of law. 6. Accordingly, I pass the following orders: ORDER (i) The petition is allowed. (ii) The impugned proceedings in Spl.C.C.No.463/2023 on the file of the Additional City Civil and Sessions Judge, Bengaluru insofar as it relates to petitioners/accused Nos.5, 6 and 10 is hereby quashed. In view of disposal of the main petition, all pending IA's does not survive for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE NS CT:TSM, List No.: 2 Sl No.: 9