- 1 - HC-KAR NC: 2025:KHC:47164 CRL.A No. 1441 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1441 OF 2024 BETWEEN: CHETHAN KUMAR S/O VASUDEVAMURTHY, AGED ABOUT 30 YEARS, OCC: OWNER OF BANASHANKARI ATUOMOBILES, R/O NEHRU ROAD, CHIKKAJAJURU VILLAGE, HOLALKERE TALUK, CHITRADURGA - 577 526. …APPELLANT (BY SRI. UMESH P.B., ADVOCATE FOR SRI. R.B. DESHPANDE, ADVOCATE) AND THE STATE OF KARNATAKA BY CEN POLICE CRIME POLICE STATION, CHITRADURGA - 577 501. (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001) …RESPONDENT (BY KUM. ASMA KOUSER, ADDL. SPP) THIS CRL.A IS FILED U/S 454 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 26.06.2024 IN SPL.C.(NDPS) NO.06/2021 PASSED BY PRL. DIST. AND SESSIONS JUDGE, CHITRADURGA IN SO FAR AS RELATES TO CONFISCATION OF MO'S 1 TO 3 TO THE STATE AND ARE ORDERED TO BE DISPOSED OF IN ACCORDANCE WITH CHAPTER V-A OF NDPS ACT, AFTER THE APPEAL PERIOD IS OVER, CONSEQUENTLY RELEASE THE MOS 1 TO 3 IN FAVOUR OF APPELLANT. Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47164 CRL.A No. 1441 of 2024 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The appellant has preferred this appeal to set aside the order dated 26.06.2024 in Special Case (NDPS) No.6/2021 passed by the learned Principal District and Sessions Judge, Chitradurga, insofar as it relates to confiscation of M.Os.No.1 to 3 to the State and are ordered to dispose of in accordance with chapter V-A of NDPS Act, after the appeal period is over, consequently release the M.Os.No.1 to 3 in favour of the appellant. 2. The brief facts leading in this appeal are that the CEN Crime Police, Chitradurga, submitted the charge sheet against the appellant herein and three other accused for the offence punishable under Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the NDPS Act’, for short). - 3 - HC-KAR NC: 2025:KHC:47164 CRL.A No. 1441 of 2024 3. The Trial Court has acquitted all the accused Nos.1 to 4 for the offence punishable under Section 20(b) (ii) (B) of NDPS Act. However , the Trial Court passed an order to confiscate M.Os.No.1 to 3 to the State and ordered to dispose of in accordance with Chapter V-A of the NDPS Act after the appeal period is over. Being aggrieved by the order of confiscation of M.Os.No.1 to 3, the appellant has preferred this appeal. 4. The learned Counsel for the appellant would submit that the order of confiscation of M.Os.No.1 to 3 to the State is contrary to law, evidence on record and probabilities of the case. The learned Sessions Judge has committed serious error in confiscating the M.Os.No.1 to 3. The learned Special Judge has not applied his mind to Section 68-Z(2) of NDPS Act while ordering for confiscation of M.Os.No.1 to 3 to the State after acquitting the accused persons and thus the order has vitiated his findings. Further, he would submit that the appellant had filed application under Section 451 of Cr.P.C to release the - 4 - HC-KAR NC: 2025:KHC:47164 CRL.A No. 1441 of 2024 interim custody of Santro car bearing registration No. KA- 04-ME-5300 in his favour. The Trial Court has not passed any order on the said application. 5. During the course of these proceedings, this Court has called for the report from the concerned Court as to orders passed on application filed under Section 451 of Cr.P.C., or not. Accordingly, learned Principal District and Sessions Judge, Chitradurga, has submitted his report stating that the application filed under Section 451 of Cr.P.C was not brought to the notice of the Court. Therefore, Court proceeded to confiscate the vehicle vide judgment dated 26.06.2024. 6. Learned Counsel for the appellant submits that the appellant is the owner of this car and he has produced the original R.C. Book pertaining to this vehicle which is standing in the name of the appellant. Further, he would submit that he is not going to press this appeal, insofar as the M.Os.No.1 and 2 are concerned. On all these grounds he sought for allowing this appeal. - 5 - HC-KAR NC: 2025:KHC:47164 CRL.A No. 1441 of 2024 7. The learned Additional Special Public Prosecutor- Kum.Asma Kouser would submit that the State has not preferred any appeal against the judgment of acquittal passed by the Trial Court. The state has not filed any objection to the present appeal. 8. Having heard the arguments on both sides and on perusal of the materials placed before this Court, the following points would arise for my consideration: i. Whether the appellant has made out grounds to release M.O.No.3 in his favour? ii. What order? 9. My answer to the above points are as under:- i. Point No.1 : In the Affirmative; ii. Point No.2 : As per final order for the following: R E A S O N S 10. The CEN Crime Police, Chithradurga, have filed a chargesheet against the appellant/accused and other accused persons for the offence punishable under Section - 6 - HC-KAR NC: 2025:KHC:47164 CRL.A No. 1441 of 2024 20(b)(ii)(B) of the NDPS Act, 1985. The case was registered in Special Case (NDPS) No.06/2021. However, by order dated 26.06.2024, the learned Sessions Judge has acquitted all the accused for the alleged offences. It is an admitted fact that the respondent-State has not preferred any appeal as against the judgment of acquittal passed by the Trial Court. The Trial Court has passed an order to confiscate M.Os.No.1 to 3 i.e., two Mobile Phones and a Car to the State and M.O.No.4 i.e., sample Ganja, is ordered to be handed over to the Drug Disposal Committee for disposal, subject to the appeal period. 11. A perusal of the material placed before this Court makes it clear that on 15.07.2022, the appellant herein-Sri.Chethan Kumar S/o Vasudevamurthy has filed an Interlocutory Application under Section 451 of Cr.P.C., seeking for interim release of Santro Car bearing registration No.KA-04-ME-5300. As per the report submitted by the learned Principal District and Sessions Judge, on 25.10.2025, it is clear that the Trial Court has - 7 - HC-KAR NC: 2025:KHC:47164 CRL.A No. 1441 of 2024 not passed any order on the said Application. Now the appellant has produced the original R.C.Book along with a notarized copy of the same. On perusal of the said document, the said Santro Car bearing registration No.KA- 04-ME-5300 is standing in the name of the present appellant. 12. During the course of the proceedings, the appellant would submit that he is not going to press this appeal, insofar as the M.Os.No.1 and 2 are concerned. Except the present appellant nobody has claimed the property i.e., M.O.No.3. It is an admitted fact that all the accused are already acquitted by the Trial Court and as against the said judgment of acquittal, the respondent- State has not preferred any appeal. For the reasons stated hereinabove, I answer point No.1 in the affirmative. 13. Point No.2: Considering the facts and circumstances of the case, it is just and proper to allow the appeal. Accordingly, I proceed to pass the following: - 8 - HC-KAR NC: 2025:KHC:47164 CRL.A No. 1441 of 2024 ORDER (i) The appeal is allowed in part. (ii) Order dated 26.06.2024 passed by the Trial Court in Special Case (NDPS) No.06/2021 in respect of M.O.No.3, is hereby quashed and set aside. (iii) M.O.No.3 - i.e., Santro Car bearing registration No.KA-04-ME-5300 shall be released in favour of the appellant on proper identification. (iv) Registry is directed to send back Trial Court Records and issue intimation to the concerned court along with a copy of this order for necessary action. (v) In view of disposal of the main appeal, pending Interlocutory Applications, if any, stand disposed of. Sd/- (G BASAVARAJA) JUDGE VS, DL