- 1 - HC-KAR NC: 2025:KHC:46740 CRL.P No. 14823 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14823 OF 2025 BETWEEN: SRI. MOHAMMED YASIN @ YASEEN S/O LATE MAKBUL AHAMED, AGED ABOUT 30 YEARS, (PRESENT AGE) R/AT NO.2636, 4TH CROSS, M.K.D.K. ROAD, MANDI MOHALLA, MYSORE-570 001. …PETITIONER (BY SRI. GAURAV SUBRAMANYAM, ADVOCATE) AND: 1. STATE OF KARNATAKA NARASIMHA RAJA POLICE STATION MYSURU CITY, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560 001. 2. SRI. CHANDRASHEKAR.S.ITAGI POLICE SUB INSPECTOR, INV-1, AGED ABOUT 27 YEARS, (PRESENT AGE) NARASIMHARAJA POLICE STATION, MYSORE CITY-570 001. …RESPONDENTS (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 QUASH THE ENTIRE CRIMINAL PROCEEDINGS INITIATED AS AGAINST THE PETITIONER IN C.C.NO.6293/2024 (CRIME NO.103/2024) PENDING ON THE Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:46740 CRL.P No. 14823 of 2025 FILE OF III ADDL. CIVIL JUDGE AND J.M.F.C COURT AT MYSORE FILED BY RESPONDENT NO.1 NARASIMHARAJA POLICE STATION, MYSORE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 20(b)(ii)(A) OF NDPS ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner, arraigned as accused No.2 in Crime No.103/2024 of Narasimharaja Police Station, Mysuru City and in the charge sheet filed by the Police, for the offence punishable under Section 20(b)(ii)(A) of the NDPS Act, 1985 is before this Court seeking to quash the proceedings initiated against him. 2. FIR is registered on a suo motu complaint lodged by the PSI, INV-1, NR Police Station, Mysuru City. It is the case of prosecution that on 07.07.2024 at about 10.00 a.m., while the police were on rounds, they noticed a person moving in a suspicious manner near Gate No. 6, Kabaristan Road holding a bag. When he started running away on seeing the police, he was apprehended and it was - 3 - HC-KAR NC: 2025:KHC:46740 CRL.P No. 14823 of 2025 found on search that he had concealed 40 grams of dry ganja in his bag. The said ganja and the bag were seized under a mahazar. 3. Petitioner has been arraigned as accused No.2 on the ground that the ganja seized in this case was supplied by him to accused No.1. To substantiate the said allegation, this Court finds that except the voluntary statement of the accused there is no other material placed by the prosecution. The voluntary statement of the accused alone is not sufficient to hold that the ganja seized in this case from the possession of accused No.1 was supplied by the petitioner. There is not an iota of corroboration in that regard, except the confessional statement of accused No.1 and the petitioner. 4. In similar circumstances, relying on the judgment of the Apex Court in Toofan Singh v. State of Tamil Nadu, (2021) 4 SCC 1, reiterated in Balvinder Singh v. Narcotics Control Bureau, 2023 SCC Online SC 1213, this Court in Criminal Petition No. 1850/2023 - 4 - HC-KAR NC: 2025:KHC:46740 CRL.P No. 14823 of 2025 disposed on 19.07.2024 has quashed the proceedings in respect of the petitioner therein. It is observed that the statements of the co-accused recorded under Section 67 of the NDPS Act, is clearly hit by Section 25 of the Evidence Act, as is considered by the Apex Court. Hence, the continuation of proceedings against the petitioner would amount to an abuse of process of law. Petition, therefore succeeds. Accordingly, allowed. The entire proceeding against the petitioner/accused No.2 in C.C.No.6293/2024 pending before the III Additional Civil Judge and JMFC Court, Mysuru is quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 60