- 1 - HC-KAR CNR: KAHC010053652021 NC: 2026:KHC:44637 CRL.P No. 1134 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL PETITION NO. 1134 OF 2021 (482(Cr.PC) / 528(BNSS)-) BETWEEN: 1. PRAHAS U. R. S/O. RAMESH U. R., AGED ABOUT 21 YEARS, STUDENT, 8TH CROSS, ANJANEYA BADAVANE, DAVANAGERE-577 005. …PETITIONER (BY SRI. JAYA PRAKASH K N.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY VIDYANAGAR POLICE STATION, DAVANAGERE, REPTD BY ITS S.P.P., HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENT (BY SRI MAHESHA P., H.C.G.P.) THIS CRL.P. IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.2553/2020 ARISING OUT OF CR.NO.104/2018 REGISTERED BY VIDYANAGAR POLICE Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010053652021 NC: 2026:KHC:44637 CRL.P No. 1134 of 2021 STATION, DAVANAGERE FOR THE OFFENCES P/U/S 8(c), 20(b)(ii)(A), 27 OF N.D.P.S. ACT WHICH IS PENDING ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., DAVANAGERE SO FAR AS THE PETITIONER IS CONCERNED. THIS PETITION, COMING ON FOR FURTHER ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging proceedings in C.C.no.2553/2020 arising out of Crime no.104/2018 registered by Vidyanagar Police Station, Davangere, for offences punishable under Sections 8(c), 20(b)(ii)(A) and 27 of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), pending on file of I Addl. Senior Civil Judge & JMFC, Davangere, this petition is filed. 2. None appears for petitioner even today. 3. On previous date of hearing, learned High Court Government Pleader for respondent-State has submitted that main ground of challenge urged herein is non-registration of FIR prior to commencement of investigation for offences punishable under NDPS Act, in view of ratio laid down in - 3 - HC-KAR CNR: KAHC010053652021 NC: 2026:KHC:44637 CRL.P No. 1134 of 2021 Lalitha Kumari v. Government of Uttar Pradesh reported in (2014)2 SCC 1, would not hold good as Division Bench of this Court in Crl.P.no.506/2019 by order dated 15.07.2026 on a reference, clarified that unless prejudice is established due to non-registration of FIR, same would not be fatal to proceedings. It was submitted that case of prejudice was neither pleaded nor existed in instant case, petition requires to be dismissed. 4. On perusal of grounds urged in petition, indeed main ground urged is about non-registration of FIR prior to initiation of investigation by relying on decision in Lalitha Kumari's case. Even other ground urged based on report of Regional Forensic Science Laboratory (FSL) dated 28.08.2018 did not find that petitioner had consumed ganja, would upset charges against petitioner, would also not stand to scrutiny as charge against petitioner is not only about consumption, but also possession and there is recovery of cigarette laden with ganja and FSL report of said cigarette dated 23.02.2019 confirms ganja in cigarette. Therefore, neither contentions urged would merit consideration. - 4 - HC-KAR CNR: KAHC010053652021 NC: 2026:KHC:44637 CRL.P No. 1134 of 2021 5. Perusal of entire chargesheet material appended to petition, especially FSL Certificate dated 28.08.2018 would favour petitioner's contention, but FSL report dated 23.02.2019 in respect of articles seized indicate presence of ganja and also indicates sufficient material against petitioner and contentions urged would be matter for trial. Therefore, neither of grounds urged would be sufficient for quashment of proceedings at this stage. Hence, Petition is dismissed. Sd/- (RAVI V HOSMANI) JUDGE HNM List No.: 1 Sl No.: 1