- 1 - HC-KAR NC: 2025:KHC-D:11240 CRL.P No. 103320 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103320 OF 2025 (482(Cr.PC)/528(BNSS) BETWEEN: ADITYA VISHWANATHSWAMI MATHAD, AGE: 19 YEARS, OCC: STUDENT R/O: H.NO.13, MIG 2, NEAR SAHASRARJUN CIRCLE, NAVANAGAR, HUBBALLI , DHARWAD-580025. …PETITIONER (BY SRI. SANKET SHANKRAPPA AMBALI, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH APMC P.S NAVANAGAR HUBBALLI, REPRESENTED BY SPP, HIGH COURT, DHARWAD-580011. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO QUASH THE COMPLAINT, FIR, CHARGE SHEET AND ENTIRE PROCEEDINGS AGAINST THE PETITIONER/ACCUSED NO. 2 IN CRIME NO. 42/2025 OF APMC P. S., NAVANAGAR, HUBBALLI PENDING ON THE FILE OF III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HUBBALLI BEARING C. C. NO. 543/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTION 27 (b) OF THE NDPS ACT, 1985. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11240 CRL.P No. 103320 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Petitioner is before this Court with a prayer to quash the entire proceedings as against him in C.C. No.543 of 2025 pending before the Court of III Additional Senior Civil Judge and JMFC, Hubballi arising out of Crime No.42 of 2025 registered by APMC Navanagar Police Station, Hubballi for offence punishable under Section 27(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “NDPS Act”). 2. Learned counsel for the petitioner submits that petitioner is a student pursuing his engineering course. Charge sheet has been filed against him for the aforesaid offence based on the report given by the Medical Officer. He submits that petitioner's urine test or blood test has not been conducted in a laboratory and therefore, petitioner cannot be prosecuted for alleged offence. In support of his arguments, he has placed reliance on the orders passed by - 3 - HC-KAR NC: 2025:KHC-D:11240 CRL.P No. 103320 of 2025 this Court in Criminal Petition No.1453 of 2023 disposed of on 29.02.2024 and Criminal Petition No.102012 of 2025 disposed of on 21.08.2025. 3. Learned HCGP, who has opposed the petition, however, does not dispute that petitioner’s urine test or blood test, was not conducted in any laboratory. 4. Petitioner has been charge sheeted in the present case along with the others, for offence punishable under Section 27(b) of NDPS Act. Undisputedly there is no seizure of any contraband article from the possession of petitioner and allegation against the petitioner is that he had consumed the contraband article allegedly ganja in the present case on the alleged date of incident. 5. This Court in the case of Yeshvanth S/o. Govindappa vs. The State of Karnataka1 in Paragraph No.6 of the order has observed as follows: “6. The prosecution has placed reliance on the certificate issued by the Government Hospital at Birur in support of its allegations against the petitioner that he had consumed narcotic drugs. 1 Crl.P. No.1453/2023, DD: 29.09.2024 - 4 - HC-KAR NC: 2025:KHC-D:11240 CRL.P No. 103320 of 2025 The doctor in the Government Hospital is not a competent authority to issue any certificate in proof of the allegations and in the absence of chemical examination in a forensic laboratory, there cannot be any certificate that the urine of the accused had tested Marijuana-positive. Under the circumstances, contention of the criminal proceedings against the petitioner for the alleged offence is futile abuse which amounts to abuse of process of law. The petitioner is a student and if the criminal proceedings are allowed to be continued against him, he is likely to be put into greater hardship.” 6. In the case of Shri Tanmay vs. The State of Karnataka2, where the test report issued by the laboratory was not final. In paragraph No.8, this Court has observed as follows: “8. In the present case, urine test of the petitioner was done in Dharwad Institution of Mental Health and Neurosciences, Dharwad and the test result would go to show that the urine had tested positive for a drug known as “Marijuana”. However, in the test report itself, it is stated that the positive result obtained with this urine screening test is presumptive and should be confirmed by alternate methods such as GC/MS. 2 Crl.P.No.102012/2025 DD: 21.08.2025 - 5 - HC-KAR NC: 2025:KHC-D:11240 CRL.P No. 103320 of 2025 No such alternate method has been adopted in the present case by the prosecution for getting the test report confirmed by a alternative test as suggested in the test report issued by the Dharwad Institute of Health and Neurosciences. The petitioner is a student aged 20 years and no purpose would be served by prosecuting him in the absence of a proper test report.” 7. In the case on hand, undoubtedly the urine test or blood test of the petitioner was not conducted in any laboratory and on the other hand, petitioner was produced before the Medical Officer of the Karnataka Medical College and Research Institute, Hubballi and he was treated as an outpatient and the Medical Officer has issued a certificate that urine is positive of narcotic. In the absence of a report from a laboratory with regard to urine test or blood test of an accused, he cannot be prosecuted for offence punishable under Section 27(b) of the NDPS Act, on the allegation that he had consumed contraband article. Under the circumstances, the following: - 6 - HC-KAR NC: 2025:KHC-D:11240 CRL.P No. 103320 of 2025 ORDER Criminal Petition is allowed. The entire proceedings as against him in C.C. No.543 of 2025 pending before the Court of III Additional Senior Civil Judge and JMFC, Hubballi arising out of Crime No.42 of 2025 registered by APMC Navanagar Police Station, Hubballi for offence punishable under Section 27(b) of NDPS Act is quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH / ct: GSM List No.: 1 Sl No.: 71