- 1 - HC-KAR NC: 2025:KHC-D:14823 CRL.P No. 102844 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.102844 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: MANJUNATHA S/O. EDIGARA NARASAYYA, AGE. 42 YEARS, OCC. AGRICULTURIST, R/O. POOJARI LAND STREET, HONNALLI METRI BALLARI, BALLARI-583119. …PETITIONER (BY SRI. ANWAR BASHA B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH EXCISE POLICE STATION, SANDUR REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580001. 2. MALLIKARJUNA GASTI, AGE. 37 YEARS, OCC. POLICE INSPECTOR, R/O. EXCISE INSPECTOR, SUB DIVISION, BALLARI-583201, REP. BY SPP, HIGH COURT OF KARNATAKA, DHARWAD. …RESPONDENTS (BY SRI. PRAVEEN Y.DEVAREDDI, HCGP FOR R1 AND R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE PROCEEDINGS SPL. CASE NO.586/2024 AND FIR, COMPLAINT AND CHARGE SHEET IN CRIME NO.04/2023 BY EXCISE RANGE SANDUR POLICE, PENDING BEFORE PRL. DIST. AND SESSIONS JUDGE, BALLARI AND ALL FURTHER PROCEEDINGS PURSUANT THERETO IN THE INTEREST OF JUSTICE FOR THE OFFENCE PUNISHABLE 20 (A), 20 (B) (II), (B), 25, 8(B) OF NDPS ACT, AGAINST PETITIONER/ACCUSED NO.2 AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14823 CRL.P No. 102844 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner/accused No.2 is before this Court seeking to quash the proceedings in Special Case No.586/2024 pending on the file of Principal District and Sessions Judge, Ballari1. Brief facts of the case: 2. The case of the prosecution is that, the Excise Inspector has filed a complaint before the SHO, Excise Sandur Range, Ballari, stating that on 24.07.2023, at about 3.45 p.m., he received a credible information that ganja plants were grown in the Ashrama and also the said ganja was stored in the said Ashrama. The complainant after having obtained the permission and also secured the panchas along with his staff went to the spot. One person 1 For short, ‘the Trial Court’ - 3 - HC-KAR NC: 2025:KHC-D:14823 CRL.P No. 102844 of 2025 on seeing the complainant and others ran away towards east and escaped from their clutches. On enquiry, they came to know that the petitioner herein was the owner of the land had grown the ganja plant in the said Ashrama. On searching the same, they found the said ganja plant, it was uprooted and weighed. The said plant was weighing 900 grams. It was seized and case came to be registered against the petitioner and another. After investigation, the respondent-police submitted the charge sheet. 3. Heard Sri. Anwar Basha, learned counsel for the petitioner and Sri. Praveen Y. Devareddiyavara, learned High Court Government Pleader for respondent No.1-State. 4. It is the submission of the learned counsel for the petitioner that, on reading of the entire complaint and also the charge sheet averments, the petitioner though it appears that he is the owner of the land where the alleged ganja plant was recovered and seized, the fact remains that the said land was given to accused No.1 for running the - 4 - HC-KAR NC: 2025:KHC-D:14823 CRL.P No. 102844 of 2025 Ashrama. There is no nexus to the said alleged ganja plant and also the petitioner. 5. It is further submitted that, in fact, the respondent-police had not established the day to day affairs of the Ashrama with the petitioner. Such being the fact, asking the petitioner to face the trial under the said circumstances, would be an abuse of process of law. Therefore, the proceedings against the petitioner is requiring to be quashed. Making such submissions, he prays to allow the petition. 6. Per contra, learned High Court Government Pleader for respondent No.1-State vehemently submitted that, the land belongs to the petitioner. The ganja plant was seized from the said land. Merely because the land was being managed by accused No.1, that itself would not sufficient to infer that, the petitioner is innocent of the offences. The averments of the charge sheet would indicate that the matter requires full-fledged trial. Under such - 5 - HC-KAR NC: 2025:KHC-D:14823 CRL.P No. 102844 of 2025 circumstances, it is not appropriate to grant the relief as prayed for. 7. Having heard the learned counsel for the respective parties and perused the material available on record, it appears from the record that, the petitioner is the owner of the land. The accused No.1 was stated to be running the Ashrama in the said land. Though, it appears that ganja plant weighing about 900 grams was seized from the land, the fact remains that the charge sheet averments did not disclose whether the petitioner had nexus with the Ashrama or not. When the prosecution failed to establish the involvement of the petitioner in growing the ganja plant in the said land, it is not appropriate to ask the petitioner to face the trial. Therefore, in my considered opinion, the petition has to be allowed and the proceedings against the petitioner is required to be quashed. 8. Hence, I proceed to pass the following: - 6 - HC-KAR NC: 2025:KHC-D:14823 CRL.P No. 102844 of 2025 ORDER (i) The petition is allowed. (ii) The proceedings against the petitioner/accused No.2 in Special Case No.586/2024 pending on the file of Principal District and Sessions Judge, Ballari, is hereby quashed. Sd/- (S.RACHAIAH) JUDGE SMM/CT: UMD List No.: 2 Sl No.: 27