- 1 - HC-KAR NC: 2025:KHC:42067 CRL.P No. 14128 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14128 OF 2025 BETWEEN: 1. SRI. N.B. DAYANANDA S/O N.K. BETTARAMAIAH, AGED ABOUT 62 YEARS, R/AT 139, 1ST H CROSS, SHARADA COLONY, BASAVESHWARA NAGAR, BENGALURU-560 079. 2. SRI. G. PRADEEP KUMAR S/O LATE GANGAPPA B., AGED ABOUT 63 YEARS, 3. SMT. N. REKHA W/O G. PRADEEP KUMAR, AGED ABOUT 56 YEARS, PETITIONER NO.2 AND 3 ARE RESIDING AT NO.625, 10TH CROSS, 4TH MAIN ROAD, WEST OF CHORD ROAD, NEAR AKKAMAHADEVI CHOULTRY, 2ND STAGE, MAHALAXMI LAY-OUT, BENGALURU-560 086. …PETITIONERS (BY SMT. ANITHA H.R., ADVOCATE) AND: THE STATE OF KARNATAKA INSPECTOR OF EXCISE, RANGE NO.16, 1ST FLOOR, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42067 CRL.P No. 14128 of 2025 BASAVESWARA NAGAR, (BUD-3) REP. BY SPP, HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENT (BY SRI. ANOOP KUMAR M.V., HCGP FOR R1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO CALL FOR RECORDS IN C.C.NO.27220/2025 PENDING BEFORE THE 24TH ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT AT BENGALURU IN FIR NO.43/2024-25/380GIE/380GOG DATED 23.01.2025 UNDER SECTION 173 OF BNSS-23 AND SECTION 20(a), 8(b), 25 OF NDPS ACT 1985 AND QUASH THE ENTIRE PROCEEDINGS OF C.C.NO.27220/2025 AS BEING ILLEGAL, ARBITRARY AND ABUSE OF THE PROCESS OF LAW AND ALLOW THIS PETITION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Learned High Court Government Pleader accepts notice for the State. 2. Heard both sides and perused the material on record. 3. This petition under Section 528 of BNSS, 2023 is filed, praying to quash the entire proceedings in - 3 - HC-KAR NC: 2025:KHC:42067 CRL.P No. 14128 of 2025 C.C.No.27220/2025 pending on the file of the Court of 24th Additional Chief Judicial Magistrate, Bengaluru. 4. As per the complaint lodged by the excise constable, he received a credible information that a ganja plant was grown in a vacant site situated in the 5th Cross Road of Kamalanagar. Based on the said complaint, a case was registered by the Karnataka Excise Department against unknown persons for the offence punishable under Section 20(a), 25, 8(b) of NDPS Act, 1985. The officials went to the spot and seized a cannabis plant weighing about 320 grams. On completion of investigation, chargesheet was filed against the petitioners. 5. It is alleged by the prosecution that the petitioners being the owner of the vacant site in question have grown ganja plant in the said site. However, except the fact that a cannabis plant was seized from the vacant site, there is absolutely no material to show that ganja plant was either grown or cultivated by the petitioners. Though it is not disputed by the learned counsel that the - 4 - HC-KAR NC: 2025:KHC:42067 CRL.P No. 14128 of 2025 petitioners are the owner of the land in question, however, it is his contention that they are not residing in the place where the ganja plant was found, but they are the residents of Basaveshwara nagar and Mahalakshmi layout, which is quite far from the place of the vacant site. The same is not disputed. 6. Merely because the petitioners are the co- owners of the property, that itself does not lead to a conclusion that they have grown the ganja plant in the vacant site. As per prosecution there was one ganja plant found in the vacant site, weighing about 320 grams including the roots, steam and leaves. There is no material to show that the petitioners have either cultivated or grown the said ganja plant or their involvement in similar activities. The continuation of criminal proceedings against the petitioners is an abuse of process of law. Hence, the following: ORDER Petition is allowed. - 5 - HC-KAR NC: 2025:KHC:42067 CRL.P No. 14128 of 2025 The entire proceedings in C.C.No.27220/2025 pending on the file of the Court of 24th Additional Chief Judicial Magistrate, Bengaluru are quashed. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 38