- 1 - HC-KAR NC: 2025:KHC:38195 CRL.P No. 12928 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 12928 OF 2025 BETWEEN: R. PRANAY JAIN S/O M.RAJENDRA JAIN, AGED ABOUT 26 YEARS, R/O NO.9, NETAJI ROAD, NEAR ASHOKA TALKIES, FRAZER TOWN, BANGALORE NORTH, BANGALORE - 560005. PRESENT ADDRESS: 19/1, KEMPANNA ROAD, JAI BHARATH NAGAR, SEVANAGAR, BANGALORE - 560033. …PETITIONER (BY SRI. RAKSHITH R., ADVOCATE) AND: 1. UNION OF INDIA THROUGH SUB INSPECTOR, NARCOTICS CONTROL BUREAU, BENGALURU ZONAL UNIT, REP BY SPP, HIGH COURT OF KARNATAKA BENGALURU - 560001. 2. ROSHAN SHAH SUB-INSPECTOR, NCB, MHA, GOVT OF INDIA, Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38195 CRL.P No. 12928 of 2025 BANGALORE ZONAL UNIT, BANGALORE - 560063. …RESPONDENTS (BY SRI. S.RAJASHEKAR, ADVOCATE FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNSS) PRAYING TO QUASH THE IMPUGNED ORDER DATED 02.09.2025 PASSED BY LEARNED XXXIII ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPL.JUDGE FOR NDPS CASES AT BENGALURU (CCH-33) IN SPL.CC NO.1102/2025 IN CR.NO.NCB F.NO.48/1/19/2024/BZU OF NCB FOR THE O/P/U/S 8c, 22c, 23c, 28 AND 29 OF NDPS ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed under an apprehension that the learned Magistrate has again directed to draw samples, which is already accomplished by the Investigating Agency. 2. Learned counsel appearing for the Investigating Agency, on instructions, submits that an application was filed by the Agency under Section 52A of the Narcotic - 3 - HC-KAR NC: 2025:KHC:38195 CRL.P No. 12928 of 2025 Drugs and Psychotropic Substances Act, 1985 (NDPS Act), seeking the leave of the Court to destroy the contraband seized in the course of investigation. It is submitted that while the Special Court, in granting the application, has erroneously mentioned permission to draw samples, the substantive relief granted was the destruction of the seized contraband. 3. The authorities were, in fact, permitted to destroy the contraband only after securing the requisite samples. This position is evident from the intimation issued by the Special Court to the Agency, which specifically authorized destruction of the seized drugs in compliance with the provisions of Section 52A of the NDPS Act. 4. It is further submitted that since the Agency had filed a formal application under Section 52A of the NDPS Act seeking permission to destroy the seized drugs, no prejudice can be said to have arisen merely on account of a typographical or clerical error in the order regarding drawing of samples. The Court makes it clear that there is - 4 - HC-KAR NC: 2025:KHC:38195 CRL.P No. 12928 of 2025 no occasion for the Investigating Agency to draw any further samples, as the process of sample collection has already been completed in accordance with law. The Agency’s primary objective, which is the lawful destruction of the seized contraband, has been duly authorized and remains unaffected by the inadvertent reference to drawing samples. In view of the foregoing, the petition is disposed of with the above observations, clarifying that the Investigating Agency is fully empowered to destroy the seized drugs in accordance with Section 52A of the NDPS Act, and no further action in relation to drawing samples is required. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 27