- 1 - HC-KAR NC: 2025:KHC:22641 CRL.P No. 2189 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.2189 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. V B MUTHANNA S/O BORAIAH V M AGED ABOUT 67 YEARS, OCCUPATION: AGRICULTURIST R/AT MUKKATTI KOPPA, KARMADU VILALGE, AMMATHI HOBLI, VIRAJPET TALUK KODAGU DISTRICT - 571211. …PETITIONER (BY SRI. M.R. BALAKRISHNA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY VIRAJPET RURAL POLICE STATION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE - 560001. 2. MANJUNATH T P S/O PONNAPPA T P ASI, VIRAJPETE TOWN POLICE STATION, VIRAJPETE TALUK, KODAGU - 571218. …RESPONDENTS (BY SRI. NAGESHWARAPPA K., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, PRAYING TO Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22641 CRL.P No. 2189 of 2025 QUASH THE ENTIRE CRIMINAL PROCEEDINGS BASED ON THE CHARGESHEET SUBMITTED BY THE RESPONDENT NO.1 VIRAJPET RURAL POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER SECTION 20 (a) (i) OF THE NDPS ACT IN SPL.CASE NO.5005/2025 NOW PENDING ON THE FILE OF HON'BLE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT MADIKERI KODAGU DISTRICT (SITTING AT VIRAJPET), ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER 1. In this petition, the petitioner has sought for the following reliefs: "a) Call for the entire records in Spl.Case.No.5005/2025, pending on the file of Hon'ble II Addl. District and Sessions Judge, Madikeri Kodagu Dist., (sitting at Virajpet). b) Quash the entire criminal proceedings based on the Chargesheet submitted by the Respondent No.1 Virajpet Rural Police Station for the offences punishable u/s 20 (a) (i) of the NDPS Act in Spl.Case.No.5005/2025 now pending on the file of Hon'ble II Addl. Dist., and Sessions Judge at Madikeri Kodagu Dist., (sitting at Virajpet). c) Pass such other relief/s as this Hon'ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity." - 3 - HC-KAR NC: 2025:KHC:22641 CRL.P No. 2189 of 2025 2. Heard learned counsel for the petitioner and learned HCGP for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that on 28.11.2024, respondent No.2 filed the impugned complaint and the same was registered as FIR in Crime No.122/2024 against the petitioner for the offence punishable under Section 20(a)(i) of the the Narcotic Drugs and Psychotropic Substances Act, 1985. According to the respondents, there was one single ganja plant grown in the property of the petitioner thereby attracting the aforesaid offence said to have been committed by the petitioner. In this context, the impugned complaint reads as under: "ಷಯ:- ಅಮ ಾಾಡು ಾಮದ ಮು ಾ ೊಪದ ಾ ಒಕಗರ ಮುತಣ! @ "ೕಪ$ ರ%ೕಶ ಎಂಬ ವ+,ಯು ತನ. ಮ/ೆಯ ಾಂ0ೌಂ2ನ ಬ3 ಒನ4 ಅಕಮಾ5 ಾಂ6ಾ 5ಡಗಳನು. 8ೆ9ೆರುವ ಬೆ: ಕಮ ೈೊಳ<ಲು ೋ>. ***** %ೕಲಂಡ ಷಯ ?ಾಗೂ ಉAೆ4ೕಖ ೆ ಸಂಬಂDದಂEೆ, F/ಾಂಕ:-28-11- 2024 ರಂದು /ಾನು, Gಾಜ0ೇIೆ ಾಾಂತರ JಾKೆಯ ?ೆL.. 68ರ 6ೋM NOಾಂP, Gಾಜ0ೇIೆ ನಗರ JಾKೆಯ Q 289 ರ ಧಮ ?ಾಗೂ Gಾಜ0ೇIೆ ವೃತ ಕTೇ>ಯ ಬUಂFVಾದ Q 26 5>ೕW : ರವGೊಂFೆ Gಾಜ0ೇIೆ XೕM ವೃತ N>ೕYಕರ ಆ[ೇಶದಂEೆ ೆ\ಂ ಕತವ+ದ4 ಮ]ಾ+ಹ. 2.00 ಗಂIೆೆ ಅಮಯ4ರುಾೆ: ಅಮ ಾಾಡು ಾಮದ - 4 - HC-KAR NC: 2025:KHC:22641 CRL.P No. 2189 of 2025 ಮು ಾ ೊಪದ Nಾ ಒಕಗರ ಮುತಣ! @ "ೕಪ$ ರ%ೕಶ ಈತನು ತನ. ಾಸದ ಮ/ೆಯ ಾಂ0ೌಂ` ಬ3 ಅಕಮಾ5 ಾಂ6ಾ 5ಡಗಳನು. 8ೆ9ೆರುವ$[ಾ5 8ಾ[ಾರ>ಂದ ಖaತ ಾb ಬಂFದುc ಈತನು ಸ ಾರFಂದ NdೇFತ ಾಂ6ಾ 5ಡಗಳನು. ಅಕಮಾ5 8ೆ9ೆರುವ$ದ>ಂದ %ೕಲಂಡ ಒಕಗರ ಮುತಣ! @ "ೕಪ$ ರ%ೕಶ ನ %ೕAೆ ಾನೂನು >ೕಯ ಕಮ ೈೊಳ<8ೇ ಾ5 Nೕ2ದ Oೇಷ ವರD." 4. A perusal of the complaint, FIR, charge sheet material, statement of witnesses, documents etc. will indicate that except alleging that the petitioner was guilty of growing one single/solitary ganja plant weighing around 5 kgs., there is no other material to establish that the petitioner was guilty of the alleged offence. Under identical circumstances, in relation to few ganja plants said to have been grown in the immovable property, this Court in the case of Chandrashekar vs. State of Karnataka [Crl.P.No.11138/2024 DD 29.04.2025] at paragraph 9 held as under: "9. The prosecution has not placed an iota of evidence to demonstrate that the petitioner was cultivating ganja and the quantity of ganja found from the backyard of the petitioner was admittedly weighed along with the entire plants that were uprooted without segregation, which can be gathered from the P.F. quoted supra. Therefore, it is an admitted fact that segregation of leaves and the actual ganja is not made prior to weighing the same and the charge sheet - 5 - HC-KAR NC: 2025:KHC:22641 CRL.P No. 2189 of 2025 is filed. Therefore, the charge sheet is filed blatantly contrary to law, as laid down by the Apex Court and followed by this Court in the afore-quoted judgments." The aforesaid judgment of this Court is directly and squarely applicable to the facts of the instant case, inasmuch as even though there are six ganja plants found in the said case, in the absence of any material to show that the ganja plants were segregated and weighed, this Court has come to the conclusion that mere existence of 5 to 6 ganja plants cannot be made the basis to incriminate the petitioner for the alleged offence. Under these circumstances, I am of the view that continuation of the impugned proceedings as far as the petitioner would amount to abuse of the process of law warranting interference in the present petition. 5. In the result, I pass the following: ORDER (i) The petition is hereby allowed; (ii) The impugned proceedings in Special Case No.5005/2025 pending on the file of II Additional District and Sessions Judge, Madikeri, Kodagu District (sitting - 6 - HC-KAR NC: 2025:KHC:22641 CRL.P No. 2189 of 2025 at Virajpet), insofar as the petitioner is concerned, is hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE hkh. List No.: 2 Sl No.: 9