- 1 - HC-KAR CNR: KAHC010185402024 NC: 2026:KHC:48662 CRL.P No. 2946 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K CRIMINAL PETITION NO. 2946 OF 2024 BETWEEN: APSARI BHANU, W/O LATE ATHAULLA, AGED ABOUT 54 YEARS R/AT NO.2693, 4tH CRSS, MKDK ROAD, MANDIMOHALLA, MYSURU 570001. …PETITIONER (BY SRI. LETHIF B., ADVOCATE) AND: 1. STATE OF KARNATAKA BY KUSHALNAGAR RURAL POLICE STATION, REP BY SPP, HIGH COURT BUILDING, BANGALORE 560 001. 2. NANDEESH KUMAR C., THE POLICE SUB INSPECTOR, KUSHALNAGARA RURAL POLICE STATION, KODAGU 571 234. …RESPONDENTS (BY SRI.JAVEED S., HCGP) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010185402024 NC: 2026:KHC:48662 CRL.P No. 2946 of 2024 IN SPL.C.NO.37/2020 ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, KODAGU, MADIKERI FOR THE OFFENCE P/U/S 20(B) OF N.D.P.S. ACT, OF KUSHALNAGAR RURAL POLICE STATION, KODAGU, WHICH IS PRODUCED AT ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER This petition is filed under Section 482 of Cr.P.C seeking to quash the proceedings in Spl.C.No.37/2020, arising out of Crime No.41/2019 dated 21.03.2019 filed by Kushalnagara Rural Police Station, Kushalnagara against accused No.1 - Thasin Beg for the offence punishable under Section 20B of Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 currently pending on the file of Principal District and Sessions Judge, Kodagu, Madikeri. 2. The brief facts of the case are that, on 21.03.2019 at about 15:30 hours, the complainant-respondent No.2, who was the PSI of Kushalanagar Police Station, received credible - 3 - HC-KAR CNR: KAHC010185402024 NC: 2026:KHC:48662 CRL.P No. 2946 of 2024 information that one Thasin Baig @ Thaliban, accused No.1, was in illegal possession of contraband ganja and was selling the same near Unique Academy School at Kudloor Village. Based on the said information, he registered the FIR and thereafter conducted a raid, apprehended accused No.1 and recovered the contraband at his instance under a mahazar. Subsequently, the Police recorded the alleged confessional statement of accused No.1, wherein he stated that he had purchased the contraband from the petitioner, who is arrayed as accused No.2. Accordingly, respondent No.1-Police arrested the petitioner and implicated him as an accused in the charge- sheet. The learned Special Judge took cognizance of the offences. Being aggrieved by the same, the petitioner/accused No.2 is before this Court seeking to quash the proceedings. 3. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent No.1 - State. 4. The primary contention of the learned counsel for the petitioner is that the petitioner/accused No.2 has been - 4 - HC-KAR CNR: KAHC010185402024 NC: 2026:KHC:48662 CRL.P No. 2946 of 2024 implicated in the crime solely on the basis of the confessional statement of accused No.1, who is presently no more. As such, continuation of the proceedings against the petitioner would amount to an abuse of the process of law. He further contended that criminal proceedings cannot be continued against a person solely on the basis of the confessional statement of a co-accused, as consistently held by a catena of judgments of the Hon'ble Apex Court and this Court. Accordingly, he prayed to allow the petition. 5. The petition is opposed by the learned HCGP on the ground that the charge-sheet has already been filed after recording the statements of the witnesses. In such circumstances, he prays for dismissal of the petition. 6. I have given my anxious consideration both on the submissions made by the learned counsel for the respective parties and perused the documents made available on record. 7. On perusal of the charge-sheet materials, the only allegation against the petitioner is that, after his arrest, accused No.1 allegedly confessed before the Police that he had - 5 - HC-KAR CNR: KAHC010185402024 NC: 2026:KHC:48662 CRL.P No. 2946 of 2024 purchased the contraband from petitioner/accused No.2. Thus, the petitioner has been implicated in the crime solely on the basis of the voluntary statement of accused No.1. 8. It is not seriously disputed by the learned HCGP that accused No.1 is now no more. In such circumstances, the Hon'ble Apex Court, in Firdoskhan Khurshidkhan v. State of Gujarat, reported in 2024 SCC OnLine SC 680, has held that a confessional statement of a co-accused recorded under Section 67 of the NDPS Act is not admissible in evidence. Further, since accused No.1 is no longer available for trial, the prosecution would have no opportunity to establish the alleged confession through him. Consequently, even if the proceedings are continued against the petitioner, the prosecution would not be in a position to establish the guilt of the petitioner on the basis of the said statement. 9. In such circumstances, I am of the view that the continuation of the criminal proceedings against this petitioner is nothing but sheer abuse of process of Court. Accordingly, I proceed to pass the following: - 6 - HC-KAR CNR: KAHC010185402024 NC: 2026:KHC:48662 CRL.P No. 2946 of 2024 ORDER i. The criminal petition is allowed. ii. The proceedings in Spl.C.No.37/2020, arising out of Crime No.41/2019 dated 21.03.2019 filed by Kushalnagar Rural Police Station, Kushalnagar against accused No.1 - Thasin Beg, for the offence punishable under Section 20B of Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 on the file of Principal District and Sessions Judge, Kodagu, Madikeri is hereby quashed. iii. Registry is directed to communicate this order to the Principal District and Sessions Judge, Kodagu, Madikeri. SD/- (RAJESH RAI K) JUDGE GPG List No.: 1 Sl No.: 5