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2026 DAILYLAW 51919 (KAR)

NASREEN BANU v. STATE BY EXCISE POLICE

CRL.P/17200/2025 · 2026-02-05

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:6890 CRL.P No. 17200 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 17200 OF 2025 BETWEEN: NASREEN BANU, W/O VALISAIT, AGED ABOUT 47 YEARS, R/AT WARD NO. 28, SALEEM NAGARA, CHIPPINAKATTE, HASSAN – 573 201. …PETITIONER (BY SRI. THUSHANATH C. V., ADVOCATE) AND: STATE BY EXCISE POLICE, SAKALESHPURA RANGE, HASSAN DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI. K.NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 528 BNSS PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPL.C.NO.150/2025 AND NOW PENDING ON THE FILE OF HONBLE PRL. DISTRICT AND SESSIONS JUDGE, AT HASSAN, FOR THE OFFENCES P/U/S 22, 25, 8(c) OF NDPS ACT, 1985, ARISING OUT OF FIR NO.21/2024-25/2003IE/200309 REGISTERED BY THE Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6890 CRL.P No. 17200 of 2025 KARNATAKA EXCISE DEPARTMENT, SAKLESHPURA SUB-DIVISION, HASSAN DISTRICT, IN SO FAR THE PETITIONER IS CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is accused No.3. Accused No.1 is the son of the present petitioner who is alleged of offences punishable under the provisions of NDPS Act, 1985. The petitioner is hauled into the web of crime only for the reason that the two wheeler in which accused No.1 was driving, was in the name of the petitioner. Therefore, the conspiracy angle is projected against the mother. Merely because the vehicle is in the name of the mother and no other corroborative material being present, the mother cannot be hauled into these proceedings. 2. Petitioner is before this Court calling in question the proceedings in Spl.C.No.150/2025, registered for the offences punishable under Sections 22, 25, 8(c) of Narcotic Drugs and Psychotropic Substances Act, 1985. - 3 - HC-KAR NC: 2026:KHC:6890 CRL.P No. 17200 of 2025 3. Heard Sri.Thushanath C.V, learned counsel appearing for the petitioner, Sri.K.Nageshwarappa, learned HCGP appearing for the respondent-State and have perused the material on record. 4. Learned counsel for the petitioner would submit that though the vehicle stands in the name of mother, there is no other corroborative material that the mother is involved in the conspiracy of the ingredients of the offences under the provisions of the NDPS Act. 5. Learned HCGP would submit that there is a conspiracy angle in the case at hand as the vehicle is in the name of mother and son was caught peddling drugs. Therefore, would submit that it is a matter of trial for the petitioner to come out clean. 6. In the light of the aforesaid circumstance, just because the vehicle is in the name of mother, without there being any other corroborative material with regard to - 4 - HC-KAR NC: 2026:KHC:6890 CRL.P No. 17200 of 2025 conspiracy, mother could not have been dragged into the web of crime while filing the charge sheet. If the two wheeler is in the name of mother and son has taken and driven and is caught with substances, mother cannot be dragged into the proceedings. 7. In that light, the following: O R D E R [I] Criminal Petition is allowed. [II] Proceedings in Spl.C.No.150/2025, pending before the Principal District and Sessions Judge, Hassan, qua the petitioner/accused No.3 is quashed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 51 CT:SS