- 1 - HC-KAR NC: 2025:KHC-D:11897 CRL.P No. 103167 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103167 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: NAKUL S/O. BHARATHRAJ LENGADE, AGED ABOUT 35 YEARS, R/AT: #39, 39/1, 2ND MAIN ROAD, 2ND CROSS, KUMBHAKONUM PLOT, DESHPANDE NAGAR, HUBBALLI-580 029. … PETITIONER (BY SRI. SHARATH P. HANAMARADDI, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY SUB-INSPECTOR OF POLICE, HUBBALLI SUB URBAN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580 011. 2. GULESH H.M., POLICE HEAD CONSTABLE NO.1553, HUBBALLI SUB URBAN POLICE STATION, AGED ABOUT 44 YEARS, HUBBALLI SUB URBAN P.S., LAMINGTON ROAD, DESHPANDE NAGAR, HUBBALLI-580 020, DIST. DHARWAD. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPL.N.D.P.S. C.C. NO.23/2024 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 27(B), 20(B)(II) (B) OF N.D.P.S. ACT 1985, IN SO FAR AS PETITIONER IS CONCERNED, ON THE FILE OF THE COURT OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, DHARWAD IN CRIME NO.106/2024 BEFORE HUBBALLI SUB URBAN POLICE STATION, AS PER DOCUMENT NO.1. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11897 CRL.P No. 103167 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.9 in SPL.N.D.P.S. C.C. NO.23/2024 pending on the file of Prl. District and Session Judge, Dharwad, arising out of Crime No.106/2024 registered by Hubli Sub-Urban Police Station, Hubli-Dharwad for an offence punishable under Section 27(b), 20(b)(ii)(B) of N.D.P.S. ACT 1985, is before this Court under Section 482 of the Cr.P.C., with the prayer to quash the entire proceedings in the aforesaid case against him. 2. Heard the learned counsel appearing for the parties. 3. Learned counsel submits that allegation against the petitioner is that he had consumed contraband article, allegedly ganja, and therefore he has been charge sheeted for offence punishable under Section 27(b) of the NDPS Act along with accused No.1 and 2. He submits that petitioner's name is not found in the FIR and there is no report from the laboratory to the effect that petitioner had consumed any contraband article. - 3 - HC-KAR NC: 2025:KHC-D:11897 CRL.P No. 103167 of 2025 4. On the other hand, based on the certificate issued by the Medical Officer, petitioner is being prosecuted for the offence punishable under Section 27(b) of NDPS Act. 5. Per contra, learned HCGP, who has opposed the petition however, does not dispute that test report from the laboratory has not been secured in the present case and she also does not dispute that petitioner is not arraigned as accused in the FIR. 6. First information in the present case was initially registered by Hubballi Suburban Police Station for the offence punishable under Section 27(b) of NDPS Act, 1985 against accused no.1 based on the first information dated 07.08.2024 issued from Gulesh H.M., Police Officer attached to Hubli Sub-urban Police Station. In the first information it is mentioned that when the first informant was on patrolling duty, he received a credible information that a person was consuming contraband article in public place and thereafter, raid was conducted to the alleged place and accused no.1 - 4 - HC-KAR NC: 2025:KHC-D:11897 CRL.P No. 103167 of 2025 was apprehended, who had admitted about consumption of contraband article ganja, and it is under these circumstances, FIR was registered against him for offence punishable under Section 27(b) of NDPS Act. 7. After completing investigation, charge sheet has been filed in the present case against 9 persons. Allegation against accused Nos.2 and 9 is that on 07.08.2024, even they had consumed contraband article ganja, along with accused no.1. The petitioner who was subsequently arrested in the present case on 13.08.2025 was produced before the Medical Officer of KIMS, Hubli for his medical examination and the medical officer appears to have given certificate that petitioner has tested positive. The medical records of the petitioner does not reveal that his blood test or urine test was conducted in the present case by any laboratory, and on the other hand by physically examining the petitioner, certificate is issued by the Doctor on which reliance has been placed by the prosecution to prosecute the petitioner for the offence punishable under Section - 5 - HC-KAR NC: 2025:KHC-D:11897 CRL.P No. 103167 of 2025 27(b) of the Act. Similar question was considered by this Court in the case of YESHVANTH S/O.GOVINDAPPA Vs. THE STATE OF KARNATAKA Crl.P.No.1453/2023, DD: 29.09.2024 in paragraph No.6 of the said order, this Court had 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. 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." 9. Under the circumstances, I am of the opinion that, the prayer made by the petitioner has to be answered in the affirmative. Accordingly, the following: ORDER (i) The criminal petition is allowed. - 6 - HC-KAR NC: 2025:KHC-D:11897 CRL.P No. 103167 of 2025 (ii) The entire proceedings in SPL.N.D.P.S. C.C. No.23/2024 pending on the file of Prl. District and Session Judge, Dharwad, arising out of Crime No.106/2024 registered by Hubli Sub- Urban Police Station, Hubli-Dharwad for an offence punishable under Section 27(b), 20(b)(ii)(B) of N.D.P.S. ACT 1985 stands quashed. (iii) Pending is does not survive for consideration. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK