- 1 - HC-KAR CNR: KAHC010545502026 NC: 2026:KHC:46455 WP No. 24771 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 24771 OF 2026 (GM-RES) BETWEEN: MR. ASHWIN LESTER ASHOK SERRAO S/O LATE ASHOK SERRAO, AGED ABOUT 30 YEARS, R/AT DOOR NO.14-60, DIVINE MERCY HOUSE, GANADA BAKYAS, KALLABETTU VILLAGE, MOODABIDRI, MANGALURU TALUK, DAKSHINA KANNADA DISTRICT - 575 227. …PETITIONER (BY SRI. GANAPATHI BHAT, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY THE INSPECTOR OF POLICE, MANGALORE EAST (KADRI) POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU 560 001. 2. SUB-INSPECTOR OF POLICE CITY CRIME BRANCH, CCB, MANGALURU - 575 001. REPRESENTED BY Digitally signed by CHETAN B C Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010545502026 NC: 2026:KHC:46455 WP No. 24771 of 2026 STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-01. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1 AND R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BNS, 2023 PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY APPROPRIATE WRITS/ORDERS, QUASHING THE ENTIRE PROCEEDINGS IN SPL.C.NO.39/2022 (SPLITUP FROM SPL.CASE 11/2022 ARISING OUT OF CRIME NO.81/2021 OF MANGALORE EAST POLICE STATION) VIDE ANNEXURE-D, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 8(c), 22(c) AND 20(b)(II) (A) OF THE NDPS ACT, 1985 READ WITH SECTION 34 IPC, PENDING ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS AND SPECIAL JUDGE, MANGALURU, DAKSHINA KANNADA, INSOFAR AS THE SAME RELATES TO THE PETITIONER/ACCUSED. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010545502026 NC: 2026:KHC:46455 WP No. 24771 of 2026 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court, seeking the following prayer: "(a) Issue a Writ of Certiorari or any appropriate Writs/orders, quashing the entire proceedings in Spl.C.No.39/2022 (Splitup from Spl.case 11/2022 arising out of Crime No.81/2021 of Mangalore East Police Station) vide Annexure-D, for the offences punishable under Sections 8(c), 22(c) and 20(b)(ii)(A) of the NDPS Act, 1985 read with Section 34 IPC, pending on the file of the Principal District and Sessions and Special Judge, Mangaluru, Dakshina Kannada, insofar as the same relates to the Petitioner/Accused; and (b) Pass such other order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice." 2. Heard the learned counsel Sri. Ganapathi Bhat appearing for the petitioner, the learned HCGP Smt. Rashmi Patel appearing for the respondents and have perused the material on record. 3. The learned counsel for the petitioner-accused No.3 submits that accused No.2 from whom the contraband was seized or recovered is itself quashed at the hands of the - 4 - HC-KAR CNR: KAHC010545502026 NC: 2026:KHC:46455 WP No. 24771 of 2026 Co-ordinate Bench of this Court in Crl.P.No.3320/2023 disposed on 02.05.2025. The Co-ordinate Bench in the aforesaid petition has held as follows: "This petition under Section 482 of Cr.P.C., is preferred by accused No.2 seeking to quash the charge sheet filed in Spl.C.No.11/2022 on the file of Principal District and Sessions and Special Judge at Mangaluru, D.K., for the offence punishable under Section 8(c), 22(c) and 20(b)(ii)(A) of NDPS Act, 1985 r/w 34 of IPC. 2. Heard both sides and perused the material on record. 3. Brief facts of the case:- On 10.06.2021 at 2.00 p.m., PSI (CCB), Mangaluru City, received a credible information that a person by name Mohammed Ajinas, a resident of Kerala was selling narcotic drugs like LSD, hashish and ganja to the general public and students, in and around Kadri Mallikatte, as such, after obtaining a search warrant issued by the Police Commissioner (Crimes & Traffic) Mangaluru City, he along with his staff and two panchas went to the spot. At about 3.45 p.m., they noticed the said accused who came on a Hero Honda Passion motorcycle bearing No.KL-18- F3859 and waiting for someone in front of Tejeswani Hospital. On seeing the complainant and other officials, when he attempted to escape, he was surrounded and apprehended. On enquiry, he disclosed his name and confessed that he had come to the spot to sell LSD stamps to his customers. Further, that he was purchasing the LSD stamps etc., from one Ashwin of Mumbai, who would send him LSD stamps through post and he was selling the LSD stamps for Rs.2,000/- each to his customers. 4. A total number of 840 LSD stamps weighing 15 grams 15 milli grams, kept in a plastic packet in the pocket of his T-shirt and two mobile phones were seized by the Police Commissioner, Central Sub-Division, a - 5 - HC-KAR CNR: KAHC010545502026 NC: 2026:KHC:46455 WP No. 24771 of 2026 Gazetted Officer, in the presence of panchas. The said accused was arrested and produced before the Court. 5. Petitioner/accused No.2 was arrested on 15.06.2021. At his instance, on 23.06.2021, 36.5 grams of ganja and a mobile phone was allegedly seized from his house, situated at Tolankare in Hubli. It is alleged that accused Nos.1 and 2 were illegally obtaining LSD and ganja from accused No.3 through parcel sent by post and the accused were selling the same to the general public etc. 6. Charge sheet was filed against accused Nos.1 to 3, for offences punishable under Section 8(c), 22(c), 20(b)(ii)(A) of NDPS Act r/w 34 of IPC, alleging that, accused No.3 was supplying LSD stamps to accused Nos.1 and 2 and all the accused are involved in the offence. 7. It is vehemently contended by the learned counsel for petitioner as under: (i) There is absolutely no material collected by the prosecution, except the voluntary statement of the accused, to show that the petitioner was purchasing the contrabands from accused Nos.1 or 3 and he was selling the same to the public. (ii) There is no iota of evidence available from the entire materials placed on record to prove any link between the petitioner and the other accused in the commission of the alleged offence. (iii) Petitioner was arrested on 16.03.2021, whereas, the alleged recovery is said to have been made on 23.06.2021 and there is no explanation for the said delay. (iv) There is no recovery of LSD stamps. The alleged seizure of 36.5 grams of ganja from the house at Hubli, cannot be said to be from the exclusive possession of the petitioner. - 6 - HC-KAR CNR: KAHC010545502026 NC: 2026:KHC:46455 WP No. 24771 of 2026 (v) Mandatory procedure under Section 42 and 50 of the NDPS Act, 1985, while conducting the seizure was not followed and therefore, the entire seizure is vitiated. (vi) Ganja allegedly seized is a small quantity, therefore, in the absence of any material to show any link between petitioner and other accused, the charge sheet against the petitioner could not have been filed before the Special Court and the Special Court has no jurisdiction to try the offence alleged against the petitioner. (vii) Petitioner is a student of Manipal University and he has completed his Hospital Management. He has no bad antecedents. Continuation of proceedings will tarnish his image in the Society. 8. Per contra, the learned Additional SPP has contended that the police have filed the charge sheet against accused Nos.1 to 3, after collecting materials showing their involvement in the alleged crime. The accused have given their voluntary statements, confessing to the crime. At the instance of petitioner, 36.5 grams of ganja has been seized. Accused No.3 has received certain amount from accused Nos.1 and 2 through google pay etc. She therefore, sought to dismiss the petition. 9. A perusal of the entire material goes to show that, the first informant received a credible information that accused No.1 has been selling the contraband in and around Kadri Mallikatte area, as such, he along with his staff and panchas went to the spot and apprehended him and from his possession 840 LSD stamps weighing 15 grams 15 milli grams and two mobile phones were seized. The said accused is alleged to have confessed that he was procuring the contraband from one Ashwin. It is nowhere stated in the complaint or in the mahazar that the petitioner was involved in the offence. It is not stated that the petitioner was purchasing LSD stamps or ganja either from accused No.1 or from accused No.3. 10. Petitioner was arrested and his voluntary statement was allegedly recorded on 15.06.2021. According to the prosecution on 23.06.2021, about 36.5 - 7 - HC-KAR CNR: KAHC010545502026 NC: 2026:KHC:46455 WP No. 24771 of 2026 grams of ganja, which is a small quantity, was seized from his house. The charge sheet material shows that after the arrest, accused was remanded to judicial custody. No recovery of any contraband was affected from his possession and it was not alleged by the prosecution that any such confession was made regarding concealing of ganja in his house. On 18.06.2021, petitioner was taken into police custody and according to the prosecution, a small quantity of ganja weighing 36.5 grams was seized from his house on 23.06.2021. 11. There is absolutely no reasons forthcoming for the delay in the alleged seizure of ganja from the house of the petitioner. There is total non-compliance of the mandatory provision of Section 42 of the NDPS Act, 1985. After the petitioner was taken into police custody, nothing prevented the I.O., to obtain necessary permission from the learned Magistrate to conduct a search in house of the petitioner. There is no material to show that after recording the voluntary information of the petitioner, a copy was sent to the Officer, Superior. 12. Section 42 of the Act deals with the power of entry, search, seizure and arrest without warrant or authorization. Sub-Section (1) of Section 42 of the Act provides that any officer authorized under the Act, who received any information from any person, should take down in writing, before proceeding to the spot and sub- Section (2) of Section 42 of the Act, further gives mandate to the authorized officer after writing down the information under sub-Section (1) to forthwith send a copy thereof to his immediate Superior officer. The provisions are held to be mandatory by the Hon’ble Apex Court. There is complete non-compliance of the mandatory provision of Section 42 of the Act. The compliance is imperative and its non-compliance would render the recovery suspicious and result in vitiating the proceedings. 13. There is no material, worth accepting to show that there was any link between the petitioner/accused No.2 and other accused. It is well-settled that the voluntary statement of an accused cannot be a basis to - 8 - HC-KAR CNR: KAHC010545502026 NC: 2026:KHC:46455 WP No. 24771 of 2026 impute or implicate him in a crime. Any money transaction, even to be accepted, by itself will not give rise to hold that the petitioner is also involved in purchasing LSD or ganja from other accused. Suspicion however grave will not take the place of proof. Admittedly, no LSD or like contraband was seized/recovered from the petitioner, as it was seized from accused No.1. 14. For the foregoing reasons, petition succeeds. Accordingly, the following: ORDER Petition is allowed. The entire proceedings in Spl.C.No.11/2022 pending on the file of the Principal District and Sessions and Special Judge at Mangaluru, D.K., as against petitioner/accused No.2, is quashed." 4. The learned HCGP submits that there are call records or conversation between accused Nos.2 and 3. Therefore, the present petition must be permitted to be tried against accused No.3. 5. If proceedings against accused No.2 itself has been quashed by the Co-ordinate Bench of this Court, there is no warrant of permitting investigation or trial against the present accused. The reasons rendered by the Co-ordinate Bench (supra) would become applicable to the case of the petitioner as well. - 9 - HC-KAR CNR: KAHC010545502026 NC: 2026:KHC:46455 WP No. 24771 of 2026 6. For the reasons aforementioned, the following: ORDER (i) The Criminal Petition is allowed. (ii) The proceedings in Spl.C.No.39/2022 pending before the Principal District and Sessions Judge and Special Judge, Mangaluru, Dakshina Kannada, stand quashed, qua the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE MCR List No.: 2 Sl No.: 57