- 1 - HC-KAR NC: 2025:KHC-D:12163 CRL.P No. 103708 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103708 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: AKSHAY S/O RANGACHARYA MUNAVALLI, AGE. 29 YEARS, OCC. PRIVATE WORK, R/O. #203/708, BHARATI RAMANA, MAHALAKSHMI MAHALAKSHMI NAGAR, NEAR CHETAN PUBLIC SCHOOL, HUBBALLI-580 031. & PETITIONER (BY SRI. SAIYAD D. MULLA, ADVOCATE) AND: THE STATE OF KARNATAKA, (THROUGH I.O. HUBBALLI VIDYANAGAR POLICE STATION), R/ BY H.C.G.P. HIGH COURT BENCH, DHARWAD HIGH COURT BUILDING BENCH, DHARWAD-580 011. & RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.15776/2024 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 27(B) OF NDPS ACT, 1985 PENDING ON THE FILE OF LEARNED 1ST ADDL. CIVIL JUDGE AND J.M.F.C. HUBBALLI, IS ARISING OUT OF VIDYANAGAR P.S. CR.NO.112/2024 SO FAR AS THE PETITIONER/ACCUSED NO. 1 IS CONCERNED. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12163 CRL.P No. 103708 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.1 is before this Court under Section 528 of the BNSS, 2023, with a prayer to quash the entire proceedings in C.C. No.15776 of 2024 pending before the Court of 1st Addl. Civil Judge and JMFC, Hubballi, arising out of Crime No.112 of 2024 registered by Vidyanagar P.S., Hubli North Sub-Division, Hubballi-Dharwad for the offence punishable under Section 27(B) of the NDPS Act, 1985. 2. Heard the learned counsel for the petitioner and the learned HCGP for the respondent. 3. Learned counsel for the petitioner submits that the petitioner is being prosecuted for the alleged offence only on the basis of a certificate given by the Medical Officer after physically examining the petitioner. The urine test or blood test of the petitioner has not been conducted in any laboratory in the present case and in the absence of any - 3 - HC-KAR NC: 2025:KHC-D:12163 CRL.P No. 103708 of 2025 such report, the petitioner cannot be prosecuted for the alleged offence. 4. Learned HCGP on the other hand has opposed the petition. 5. Perusal of the materials on record would go to show that the allegation against the petitioner and others accused in the present case is that on 18.08.2024 at about 12:00 p.m. they were found smoking in a private property and on enquiry, they had admitted of consuming contraband article ganja and it is under these circumstances, they were taken to KIMS Hospital and after their medical examination, FIR was registered in the present case. The Police after investigation have filed the charge sheet in the present case for the offence punishable under Section 27(b) of the NDPS Act. The allegation against the petitioner and the other accused is that they had consumed the contraband article ganja on 18.08.2024 and thereby they had committed the alleged offence. - 4 - HC-KAR NC: 2025:KHC-D:12163 CRL.P No. 103708 of 2025 6. The charge sheet material would go to show that, except the certificate given by the Medical Officer, who had physically examined the petitioner, there is no other document to show that the petitioner had consumed the contraband article ganja on 18.08.2024. 7. The similar question was considered by 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. 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.= 8. For the purpose of ascertaining whether a person has consumed a drug or alcohol, his urine test or blood test 1 Crl.P. No.1453/2023, DD: 29.09.2024 - 5 - HC-KAR NC: 2025:KHC-D:12163 CRL.P No. 103708 of 2025 has to be conducted and based on a medical certificate issued by a Doctor who has physically examined the accused, he cannot be prosecuted. In the absence of any valid test report from a laboratory based on the urine test or blood test of the accused, the prosecution under Section 27(b) of the NDPS Act cannot be permitted to be continued, failing which the same would amount to abuse of process of law. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The entire proceedings in C.C. No.15776 of 2024 pending before the Court of 1st Addl. Civil Judge and JMFC, Hubballi, arising out of Crime No.112 of 2024 registered by Vidyanagar P.S., Hubli North Sub-Division, Hubballi-Dharwad for the offence punishable under Section 27(B) of the NDPS Act, 1985 is quashed as against the petitioner herein. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK LIST NO.: 1 SL NO.: 44