- 1 - HC-KAR NC: 2025:KHC:50870 CRL.P No. 14576 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14576 OF 2025 BETWEEN: MOHAMMED NAYEEM AGED ABOUT 26 YEARS S/O M.A.NIZAR NO.7-51/4, 7TH BLOCK KRISHNAPURA KUKKADI KATIPALLA, MANGALORE DAKSHINA KANNADA - 575 014. …PETITIONER (BY SRI MOHAMMED MONISH SOWKAR, ADVOCATE) AND: THE STATE OF KARNATAKA BY E AND N CRIME POLICE STATION MANGALORE CITY REPRESENTED BY STATE PUBLIC PROSECUTOR BANGALORE - 560 001. …RESPONDENT (BY SRI RAHUL RAI K., HCGP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO ALLOW THE CRL.P AND QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN SPL.C.NO.49/2021 ARISING OUT OF CR.NO.65/2019 ON THE FILE OF PRL.DISTRICT AND SESSION COURT MANGALURU FOR THE OFFENCE P/U/S 21 AND 21(B) OF THE NDPS ACT 1985 PERTAINING E AND N CRIME MANGALORE CITY P.S. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:50870 CRL.P No. 14576 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for the petitioner and learned HCGP for the State. Perused the material on record. 2. Petitioner has preferred this petition seeking to quash the proceedings against him in Spl.C.No.49/2021 pending on the file of the Court of Principal District and Sessions Judge, Mangalore, D.K. 3. On a suo motu complaint lodged by the PSI, E&NCPS, Pandeshwara, a case was registered in Crime No.65/2019 at E and N Crime Police Station, Mangaluru City against accused Nos.1 and 2 for the offence punishable under Section 21(C) and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). Petitioner was not named as an accused in the FIR, - 3 - HC-KAR NC: 2025:KHC:50870 CRL.P No. 14576 of 2025 however, while filing charge sheet he was implicated as accused No.3 on the ground that at his instance, accused Nos.1 and 2 procured the drugs. 4. It is the contention of the learned counsel that except the confessional statement of the co-accused, there is absolutely no material against the petitioner to array him as an accused and therefore, the proceedings against him is an abuse of process of law. 5. As per FIR, on 26.11.2019 at about 09.35 a.m., the first informant received the credible information that accused Nos.1 and 2 named in the FIR who supplied drugs (MDMA powder) to the public and students on the previous day, leading to registration of a case in Crime No.64/2019 under Section 27 B of the NDPS Act, were present near the road leading to Shirdi Sai Mandira in an AltoLX KA- 19Z-7239, in order to sell drugs to the public. As such the complainant along with his staff went to the spot and apprehended both the accused. From the said accused, - 4 - HC-KAR NC: 2025:KHC:50870 CRL.P No. 14576 of 2025 4.80 grams of mephedrone, a car, cash, mobile phones and small plastic packets were seized. 6. According to the prosecution, on interrogation of the said accused, they confessed that as per the instruction of accused No.3, they purchased the drugs. However, apart from the said confessional statement of accused Nos.1 and 2 there is no other material collected to array the petitioner as an accused in this case. Even though it is contended by the learned HCGP that there are communications between petitioner and accused Nos.1 and 2, there are no incriminating materials placed on record which would indicate that, either the petitioner is also involved in drug peddling or at his instruction, accused Nos.1 and 2 have procured the drugs. It is well settled that the confessional statement of the co-accused is not a substantial evidence and on that basis, conviction cannot be based. Hence, the institution of criminal proceeding against the petitioner is an abuse of process of law. The petition succeeds. Accordingly the following: - 5 - HC-KAR NC: 2025:KHC:50870 CRL.P No. 14576 of 2025 ORDER (i) Petition is allowed. (ii) The proceedings in Spl.C.No.49/2021 pending on the file of the Court of Principal District and Sessions, Mangalore, D.K. arising out of Crime No.65/2019 registered at E and N Crime Police Station, Mangaluru City, insofar as petitioner/accused No.3 are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE NS List No.: 1 Sl No.: 55 CT:SS