- 1 - HC-KAR NC: 2025:KHC-D:9806 CRL.P No. 101900 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 101900 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: PRAJWAL S/O SHIVAKUMAR HIREMATH, AGE. 19 YEARS, OCC. STUDENT, R/O. NO.304, C.B. NAGAR, 4TH MAIN, 4TH CROSS, DHARWAD-580 001. … PETITIONER (BY SRI. B.C. JNANAYYA SWAMI, ADVOCATE) AND: THE STATE OF KARNATAKA, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT: DHARWAD, (THROUGH SUB-URBAN POLICE STATION, DHARWAD). … RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (U/S.528 OF BNSS, 2023), PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.3335/2024 PENDING ON THE FILE OF LEARNED PRL. CIVIL JUDGE AND JMFC DHARWAD, ARISING OUT OF CRIME NO.169/2024 REGISTERED BY SUB- URBAN PS FOR AN OFFENCE PUNISHABLE UNDER SECTION 27(B) NDPS ACT 1985, IN THE INTEREST OF JUSTICE. RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:9806 CRL.P No. 101900 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. The accused in C.C. No.3335/2024 pending on the file of Prl. Civil Judge and JMFC, Dharwad, arising out of Crime No.169/2024 registered by Sub-Urban Police Station, Dharwad for an offence punishable under Section 27(b) of the NDPS 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. FIR in the present case was registered against the Badrinath Anil Nayak and others for the aforesaid offence, based on the first information dated 18.08.2024 received from Smt. L.K. Kodabal, Police Officer attached to the Dharwad Sub-Urban Police Station. After completing investigation, charge sheet has been filed against four persons for the aforesaid offence and the petitioner is arrayed as accused No.3 in the charge sheet. The case - 3 - HC-KAR NC: 2025:KHC-D:9806 CRL.P No. 101900 of 2025 before the trial Court is now pending before the charge sheeted accused in C.C. No.3335/2024. Assailing the said proceedings, the petitioner is before this Court. 4. Learned counsel for the petitioner submits that the petitioner is a student aged about 19 years having no criminal antecedents. The charge sheet has been filed against the accused for the alleged offence based on the certificate said to have been issued by Doctor to the effect that the accused had consumed alcohol. He submits that the sample of the urine or the blood of the accused who allegedly had consumed contraband article was not collected and forwarded to the Forensic Science Laboratory in the present case and in the absence of the test report from Forensic Science Laboratory, the accused cannot be prosecuted for the alleged offence. In support of his argument, he has placed reliance on the order passed by this Court in the case of YESHVANTH S/O.GOVINDAPPA Vs. THE STATE OF KARNATAKA1. 1 Crl.P. No.1453/2023, DD: 29.09.2024 - 4 - HC-KAR NC: 2025:KHC-D:9806 CRL.P No. 101900 of 2025 5. Learned HCGP who has opposed the petition fairly submits that the sample of the urine or the blood of the petitioner was not collected and forwarded for examination to the Forensic Science Laboratory. 6. Similar question was considered by this Court in the case of YESHVANTH S/O.GOVINDAPPA (Supra), 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.” 7. In the case on hand, the accused were found smoking cigarettes and since the first informant observed some foul smell, he enquired with the accused, who - 5 - HC-KAR NC: 2025:KHC-D:9806 CRL.P No. 101900 of 2025 allegedly had confessed about consuming contraband article allegedly ganja and therefore, FIR was registered against the three named accused for the aforesaid offence. 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. 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 19 years and no purpose would be served with prosecuting him in the absence of a proper test with report. - 6 - HC-KAR NC: 2025:KHC-D:9806 CRL.P No. 101900 of 2025 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. (ii) The entire proceedings in C.C. No.3335/2024, pending on the file of Prl. Civil Judge and JMFC, Dharwad, arising out of Crime No.169/2024 registered by Sub-Urban Police Station, Dharwad for an offence punishable under Section 27(b) of the NDPS Act, 1985 stands quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK LIST NO.: 1 SL NO.: 82