- 1 - HC-KAR NC: 2025:KHC:21174 CRL.P No. 5217 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 5217 OF 2025 BETWEEN: SAIYAD MAJAR S/O. LATE SAIYAD MAHAMUD, AGED ABOUT 35 YEARS, R/AT: RAJIVANAGAR, MYSURU CITY, MYSURU-570007. …PETITIONER (BY SRI. LETHIF B., ADVOCATE) AND: STATE OF KARNATAKA BY BYLAKUPPE POLICE STATION, REP. BY SPP, HIGH COURT BUILDING, BANGALORE-560001. …RESPONDENT (BY SMT. SOWMYA R., HIGH COURT GOVERNMENT PLEADER) THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 (FILED UNDER SECTION 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023) PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN SPL.C NO.49/2025 ON THE FILE OF VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 20(b) (II)(B), 8(C) OF NDPS ACT OF BYLAKUPPE POLICE STATION, MYSURU WHICH IS PRODUCED AT ANNEXURE A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21174 CRL.P No. 5217 of 2025 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks for the following relief: "Wherefore, the Petitioner prays that this Hon'ble Court be pleased to quash the entire proceedings against the petitioner in Spl.C No.49/2025 on the file of VII Additional District And Sessions Judge, Mysuru for the offence punishable under Section 20(b) (ii) (B), 8(C) of NDPS Act of Bylakuppe Police Station, Mysuru which is produced at ANNEXURE-'A', in the interests of justice." 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent - State and perused the material on record. 3. A perusal of the material on record would indicate that the respondent – State filed the impugned complaint on 10.11.2024 pursuant to an information received from one Mudduraju that there were ganja plants being grown in the land in Sy. No.93/1 of Biligunda village standing in the name of one Syed Apsar and in pursuance of the said information, FIR in Crime No.185/2024 dated 10.11.2024 was registered against the petitioner – accused No.1 and one Saiyad Muqhij for the offences punishable under Sections - 3 - HC-KAR NC: 2025:KHC:21174 CRL.P No. 5217 of 2025 20(b)(ii)(B) and 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act'). After the mahazar report dated 10.11.2024 was drawn up which discloses that there was no recovery of prohibited substance from the petitioner who was not there at that point of time and such substances were recovered from the custody of accused No.2 and not from accused No.1 / petitioner. The mahazar as well as the charge sheet and other material on record also discloses that except the statement given by the accused No.2, there is no other material on record to establish that the petitioner was either in the custody of the prohibited substances or that he was guilty of the offences punishable under Sections 20(b)(ii)(B) and 8(c) of the NDPS Act. Under these circumstances, in the absence of legal or acceptable material comprising of any complaint, FIR, charge sheet materials, statements of witnesses, mahazar documents etc., which connects or links the petitioner with the alleged offences especially where no recovery of the prohibited substance was made from the petitioner, I am of the considered opinion that based on the sole confessional statement made by the accused No.2, the petitioner could not have been incriminated for the alleged offences - 4 - HC-KAR NC: 2025:KHC:21174 CRL.P No. 5217 of 2025 and consequently, the impugned proceedings against the petitioner deserve to be quashed. 4. In the result, I pass the following: ORDER (i) The Petition is hereby allowed. (ii) The impugned proceedings in Spl. C. No.49/2025 arising out of Crime No.185/2024 registered by the respondent – Police for the offences punishable under Sections 20(b)(ii)(B) and 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and pending on the file of the VII Additional District and Sessions Judge, Mysuru, insofar as the petitioner / accused No.1 is concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SMA List No.: 1 Sl No.: 47