- 1 - HC-KAR CNR: KAHC010473192019 NC: 2026:KHC:51467 CRL.P No. 7654 of 2019 C/W CRL.P No. 6601 of 2019 CRL.P No. 7532 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL PETITION NO.7654 OF 2019 C/W CRIMINAL PETITION NO.6601 OF 2019 CRIMINAL PETITION NO.7532 OF 2019 IN CRL.P No.7654/2019: BETWEEN: 1. KEERTHESH R. S/O. REEDY M, AGED ABOUT 24 YEARS OCC: DOCTOR, R/AT NO.4162/21 4TH MAIN, 12TH CROSS SIDDAVEERAPPA LAYOUT DAVANAGERE DISTRICT-577 005. PERMANENTLY RESIDING AT PARASADINNA JATHAVARA POST, CHIKKABALAPURA TALUK AND DISTRICT-562 101. …PETITIONER (BY SRI. S G RAJENDRA REDDY.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY VIDYANAGARA POLICE, DAVANAGERE, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGM BENGALURU-560001 …RESPONDENT (BY SRI. MOHAMMED AYUB ALI, ADDL. SPP) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010473192019 NC: 2026:KHC:51467 CRL.P No. 7654 of 2019 C/W CRL.P No. 6601 of 2019 CRL.P No. 7532 of 2019 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE COMPLAINT AND FIR IN CR.NO.3/2019 REGISTERED BY THE RESPONDENT POLICE FOR THE OFFENCE PUNISHABLE UNDER SECTION 27 OF N.D.P.S. ACT, PENDING ON THE FILE OF I ADDITIONAL CIVIL JUDGE (SR.DN.) AND J.M.F.C., DAVANAGERE. IN CRL.P NO.6601/2019: BETWEEN: 1. DR. ADITHYA S/O SRINIVAS AGED ABOUT 22 YEARS CASTE: BRAHMIN OCC: HOUSE SURGEON IN C.G. HOSPITAL R/AT NO.4162/21, 4TH MAIN, 12TH CROSS, SIDDAVEERAPPA LAYOUT DAVANAGERE-577 005. PERMANENTLY R/AT NO.94/5 3RD MAIN, 1ST CCROSS VIDYARANYAPURAM MYSURU 570 004. ...PETITIONER (BY SRI. VISHWAJITH RAI M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY VIDYANAGARA POLICE STATION, DAVANAGERE REPRESENTED BY ITS S.P.P., HIGH COURT BUILDING, BENGALURU-560 001. ...RESPONDENT (BY SRI. MOHAMMED AYUB ALI, ADDL. SPP) - 3 - HC-KAR CNR: KAHC010473192019 NC: 2026:KHC:51467 CRL.P No. 7654 of 2019 C/W CRL.P No. 6601 of 2019 CRL.P No. 7532 of 2019 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS INCLUDING COMPLAINT AND FIR IN CRIME NO.3/2019 OF VIDYANAGARA POLICE STATION, DAVANAGERE, FOR THE OFFENCE PUNISHABLE UNDER SECTION 27 OF NDPS ACT, PENDING ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE (SR.DN.) AND JMFC COURT, DAVANGAERE, IN SO FAR AS THE PETITIONER IS CONCERNED. IN CRL.P NO.7532/2019: BETWEEN: 1. IN CRL.P NO.7532/2019: BETWEEN: 1. DR ANUP SURESH S/O. SURESHKUMAR AGED ABOUT 23 YEARS CASTE: NAYAR OCC: DOCTOR IN BAPUJI HOSPITAL R/AT NO.4162/21, 4TH MAIN 12TH CROSS, SIDDAVEERAPPA LAYOUT DAVANAGERE-577 005. PERMANENTLY RESIDING AT NO.101, DSR DIVISION APARTMENT RAMA TEMPLE ROAD, NEW THIPPASANDRA BENGALURU-560 035. ...PETITIONER (BY SRI. VISHWAJITH RAI M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY VIDYANAGARA POLICE STATION DAVANAGERE REPRESENTED BY ITS S.P.P., HIGH COURT BUILDING BENGALURU-560 001. ...RESPONDENT (BY SRI. MOHAMMED AYUB ALI, ADDL. SPP) - 4 - HC-KAR CNR: KAHC010473192019 NC: 2026:KHC:51467 CRL.P No. 7654 of 2019 C/W CRL.P No. 6601 of 2019 CRL.P No. 7532 of 2019 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS INCLUDING FIR COMPLAINT IN CRIME NO.3/2019 OF VIDYANAGARA POLICE STATION, DAVANAGERE, FOR THE OFFENCES PUNISHABLE UNDER SECTION 27 OF NDPS ACT, PENDING ON THE FILE OF I ADDL. CIVIL JUDGE (SR. DN) AND JMFC COURT, DAVANAGERE, IN SO FAR AS THE PETITIONER IS CONCERNED VIDE ANNEXURES-A, B AND C. THESE PETITIONS COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER Heard learned counsels appearing for the petitioners and learned Additional SPP appearing for the respondent/State. 2. This Court heard the matter on the previous occasion and given an opportunity to learned High Court Government Pleader for the respondent/State to make submission with regard to compliance of Section 42 of Narcotic Drugs And Psychotropic Substances Act, 1985 (‘NDPS Act’ for short), since raid was conducted at 10.30 p.m. after the sunset. The petitions are filed by petitioners, who are arrayed as accused Nos.4, 3 and 2 respectively for quashing the proceedings initiated against them in Crime No.3/2019 of Vidyanagara Police Station, Davanagere, for the offence - 5 - HC-KAR CNR: KAHC010473192019 NC: 2026:KHC:51467 CRL.P No. 7654 of 2019 C/W CRL.P No. 6601 of 2019 CRL.P No. 7532 of 2019 punishable under Section 27 of the NDPS Act, pending on the file of I Addl. Civil Judge (Sr. Dn.) and JMFC Court, Davanagere. 2. The factual matrix of case of the prosecution is that raid was conducted by taking the search warrant on 04.01.2019 at 10.45 p.m., by P.I., CEN Police Station on the House No.4162/21 situated at 12th Cross, 4th main having received the information that some persons are consuming narcotic substance and based on that, apprehended these petitioners and conducted spot mahazar and it was ganja weighing 240 grams worth of Rs.8,000/- and seized the same. Having seized the same, sent the same for FSL and FSL report confirmed that it is ganja. But, the persons, who are apprehended were subjected to medical examination. Hence, invoked the offence under Section 27 of NDPS Act. 3. Learned counsel appearing for the petitioner in Crl.P.No.7654/2019 would vehemently contend that while conducting the raid and also having conducted the raid, they have not complied the provisions of Section 42 of the NDPS Act. Apart from that, in order to invoke Section 27 of NDPS Act, - 6 - HC-KAR CNR: KAHC010473192019 NC: 2026:KHC:51467 CRL.P No. 7654 of 2019 C/W CRL.P No. 6601 of 2019 CRL.P No. 7532 of 2019 the material collected does not constitute the offence under Section 27 of the NDPS Act. The counsel also vehemently contend that alleged raid is also against the provisions of Section 154 of Cr.P.C. The counsel also would vehemently contend that the alleged raid was conducted on 04.01.2019 and the same is also against the mandatory provisions of Sections 41, 42, 43 and 50 of the NDPS Act. The counsel also vehemently contend that the accused persons are medical students/Doctors. The alleged contraband substance according to the respondent-State was weighing 240 grams but, not complied with the procedure established under the NDPS Act. Hence, it requires interference. 4. Learned counsel appearing for the petitioners in other petitions also reiterated the grounds urged in the petition in Crl.P.No.7654/2019 and prays for quashing the FIR. 5. Learned Additional SPP appearing for the respondent/State would submit that, in order to attract Section 27 of NDPS Act, the petitioners were subjected to medical examination and he would fairly submit that the report is negative and also with regard to compliance of Section 42 of - 7 - HC-KAR CNR: KAHC010473192019 NC: 2026:KHC:51467 CRL.P No. 7654 of 2019 C/W CRL.P No. 6601 of 2019 CRL.P No. 7532 of 2019 NDPS Act is concerned, he brought to notice of this Court issuance of search warrant, but not placed any material with regard to compliance of Section 42(2) of NDPS Act to communicate the same to Higher Officer, even if raid is conducted in the absence of the Gazetted Officer. But, the raid is conducted by the Police Inspector and no Gazetted Officer was present at the time of the conducting of raid. 6. Having heard learned counsels appearing for the petitioners and learned Additional SPP appearing for the respondent/State and though grounds urged by the learned counsel for the petitioners that no compliance of Section 50 of NDPS Act and question of compliance under Section 50 of NDPS Act does not arise, since the same is not a personal search and Section 50 of NDPS Act attracts if it is a personal search. But, found 240 grams of ganja with the petitioners, who were found at the spot. But when there is no compliance under Section 42(2) of NDPS Act as well as when the report is negative with regard to consumption is concerned and unless, the report is positive, the question of facing trial for the offence under Section 27 of the NDPS Act does not arise. In view of the - 8 - HC-KAR CNR: KAHC010473192019 NC: 2026:KHC:51467 CRL.P No. 7654 of 2019 C/W CRL.P No. 6601 of 2019 CRL.P No. 7532 of 2019 material available before the Court as well as the grounds which have been urged and there is no compliance of Section 42 of NDPS Act, the petitioners are entitled for the benefit of quashing invoking Section 482 of Cr.P.C. 7. In view of the discussions made above, I pass the following: ORDER (i) The petitions are allowed. (ii) Consequently, the proceedings initiated against the petitioners in Crime No.3/2019 of Vidyanagara Police Station, Davanagere, for the offence punishable under Section 27 of the NDPS Act, pending on the file of I Addl. Civil Judge (Sr. Dn.) and JMFC Court, Davanagere, are hereby quashed. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 8