- 1 - HC-KAR CNR: KAHC010319622024 NC: 2026:KHC:51096 CRL.A No. 1146 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1146 OF 2024 (A) BETWEEN: THE STATE BY INSPECTOR OF POLICE, ECONOMIC AND NARCOTIC CRIME POLICE STATION, MANGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001 …APPELLANT (BY SRI. K. NAGESHWARAPPA, HCGP) AND: 1. ASHLESH AGED ABOUT 33 YEARS, S/O ASHOKA, R/AT ADARSHA, GANESH NAGAR, JEPPINAMOGARU, MANGALURU - 575 007 2. SAHIL AGED ABOUT 22 YEARS, S/O ALTE SAIFUDDIN, R/AT SOURABHA, NEAR 1ST RAILWAY ROAD, Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010319622024 NC: 2026:KHC:51096 CRL.A No. 1146 of 2024 MARNAMIKATTE, MANGALURU - 575 007 3. NAUSHAD AUL KOLI AGED ABOUT 33 YEARS S/O LATE A K MOOSA R/AT DOOR NO.15-8-4230/45 FLAT NO.1201, INLAND EBONY NEAR SYNDICATE BANK, KADRI MANGALURU - 575 007 …RESPONDENTS (BY SRI. VIKRAM RAJ A., ADVOCATE FOR R1 & R2) THIS CRL.A.IS FILED U/S.378(1) AND (3) CR.P.C BY THE STATE P.P. FOR THE STATE PRAYING TO a) GRANT LEAVE TO FILE AN APPEAL AGAINST THE JUDGEMENT AND ORDER DATED 24.06.2023 IN SPL.C.NO.103/2021 AND 118/2021 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU, THEREBY ACQUITTING THE ACCUSED/RESPONDENT FOR THE OFFENCE P/U/S 21 AND 21(c) OF N.D.P.S. ACT. b) SET ASIDE THE AFORESAID JUDGMENT AND ORDER DATED 24.06.2023 IN SPL.C.NO.103/2021 AND 118/2021 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU, THEREBY ACQUITTING THE ACCUSED/RESPONDENT FOR THE OFFENCE P/U/S 21 AND 21(c) OF N.D.P.S. ACT. c) CONVICT AND SENTENCE THE ACCUSED/RESPONDENT FOR THE OFFENCE P/U/S 21 AND 21(c) OF N.D.P.S. ACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010319622024 NC: 2026:KHC:51096 CRL.A No. 1146 of 2024 CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The appellant filed application-I.A.No.1/2024 under Section 5 of the Limitation Act to condone the delay of 257 days in filing the appeal. 2. This application is supported with the affidavit of L.M.Yelsangikar, the Deputy Director of prosecution in which he has stated that the impugned judgement and order under challenge was passed by the Hon'ble Principal District & Sessions Judge Court, Dakshina Kannada, Mangalore District in Spl.C.Nos.103/2021 & 118/2021, dated 24.06.2023. The concerned public prosecutor applied for the copy of the judgement on 26.06.2023 and the same was ready and obtained on 13.07.2023 and forwarded his opinion to the Law Officer (Sr.) Mangalore Division on 18.07.2023. The Law Officer (Sr.) Mangalore, received the opinion of the said Public Prosecutor on 21.07.2023 and forwarded his opinion to IGP Mangalore - 4 - HC-KAR CNR: KAHC010319622024 NC: 2026:KHC:51096 CRL.A No. 1146 of 2024 on 25.07.2023 and the IGP Mangalore concurring with the opinion of Law Officer (Sr.), Mangalore, in turn furnished the entire records on 24.08.2023, to office of the Director of prosecution, which was received on 29.11.2023. Sri M.Nagesh, the Law Officer (Jr.), office of the Director of prosecution, furnished his opinion on 16.12.2023 and forwarded the same to the deponent and the deponent holding the case as fit for appeal, furnished her opinion on same day and under a covering letter of Director of Prosecution the entire records sent to the Hon'ble Prl. Secretary Home Government of 19.12.2023. The Prl. Secretary Home, also concurred and recommended through his order bearing No.H.D.14985:HCP-1:2023, Bangalore dated 16.04.2024, Bengaluru, to prefer an appeal and forwarded the file to the office of Advocate General, Hon'ble High Court of Karnataka Bengaluru. In view of the procedural aspects routing the opinion through the above said offices, there is an inevitable delay in preferring this appeal and thus, the delay of 257 days - 5 - HC-KAR CNR: KAHC010319622024 NC: 2026:KHC:51096 CRL.A No. 1146 of 2024 accrued, which deserves to be condoned. Therefore, sought for allowing of the application. 3. A perusal of para No.23 of the Judgment, the trial Court has observed that the Investigating Officer has failed to comply with the mandatory provisions of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act'). The trial Court has also relied on decision of the Hon'ble Apex Court in the case of STATE OF RAJASTHAN VS. PARMANAND AND ANR. reported in (2014) 5 SCC 345 and also in the case of KASHMIRI LAL VS. STATE OF HARYANA reported in (2013) 6 SCC 595. Though the trial Court has acquired the accused for non- compliance of mandatory provisions of NDPS Act with the decision of the Hon'ble Apex Court, it is alleged in the affidavit that the concerned officers have given opinion that it is fit for appeal. The opinion given by the concerned officers are not placed before this Court. Accordingly, the State has failed to place sufficient cause to condone the delay of 257 days in filing this appeal. - 6 - HC-KAR CNR: KAHC010319622024 NC: 2026:KHC:51096 CRL.A No. 1146 of 2024 4. Hence, I proceed to pass the following: ORDER i. The Criminal Appeal is dismissed. ii. Consequently, I.A.No.1.2024 is dismissed. Sd/- (G BASAVARAJA) JUDGE SSB