- 1 - HC-KAR NC: 2026:KHC-D:1080 CRL.RP No. 100155 of 2020 C/W CRL.RP No. 100066 of 2021 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO. 100155 OF 2020 (397(CR.PC)/438(BNSS)) C/W CRIMINAL REVISION PETITION NO. 100066 OF 2021 IN CRL.RP NO. 100155/2020 BETWEEN: PRASANNA S/O GANAPATI KURUBAR A/A: 38 YEARS, OCC: DRIVER, R/O: GANESH NAGAR, SIRSI-581401, UTTARA KANNADA DISTRICT. …PETITIONER (BY SRI. S.G. KADAKATTI, AND SRI. LINGESH V. KATTEMANE, ADVOCATE) AND: THE STATE OF KARNATAKA BY SIRSI RURAL POLICE STATION, UTTARA KANNADA DISTRICT, BY ADDL. S.P.P., HIGH COURT BUILDING, DHARWAD-580011. …RESPONDENT (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP) THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W 401 OF CR.P.C. SEEKING TO SET ASIDE THE ORDER DATED 11.03.2020, PASSED BY THE I-ADDL. DIST. & SESSIONS JUDGE, U.K. KARWAR, SITTING AT SIRS, IN CRL.A.NO.5001/2015 BY CONFIRMING THE ORDER OF CONVICTION AND SENTENCE DATED 05.10.2015 PASSED BY THE II-ADDL. JMFC COURT, SIRSI, IN C.C.NO.184/2011, FOR THE OFFENCES P/U/S 8 AND 20(B) OF THE Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2026:KHC-D:1080 CRL.RP No. 100155 of 2020 C/W CRL.RP No. 100066 of 2021 NARCOTICS DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 BY ALLOWING THIS CRIMINAL REVISION PETITION IN THE INTEREST OF JUSTICE. IN CRL.RP NO. 100066/2021 BETWEEN: SATISH S/O SHIKARESHWAR REDDI AGE-45 YEARS, OCC- ELECTRICIAN, AT- ISLOOR, TQ- SIRSI, DIST- UTTARA KANNADA-581401. ...PETITIONER (BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE) AND: THE STATE OF KARNATAKA BY SIRSI RURAL POLICE STATION, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580005. ...RESPONDENT (BY SRI. PRAVEEN Y. DEVAREDDIYAVARA, HCGP) THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W 401 OF CR.P.C., SEEKING TO SET ASIDE THE JUDGMENT PASSED BY THE COURT OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE, U.K. KARWAR SITTING AT SIRSI IN CRL.APPEAL NO.127/2015 DATED 11.03.2020 AND SET ASIDE THE JUDGMENT PASSED BY THE ADDITIONAL CIVIL JUDGE AND II ADDITIONAL JMFC, SIRSI IN CC NO.184/2011 DATED 05.10.2015 FOR THE OFFENCE PUNISHABLE U/S 20(B) OF NDPS ACT 1985. THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC-D:1080 CRL.RP No. 100155 of 2020 C/W CRL.RP No. 100066 of 2021 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.Lingesh V.Kattemani and Sri.Nagaraj C. Kollori and Sri.Praveen Devayaraddiyavara, for the parties. 2. These two revision petitions are filed by accused Nos.2 and 1 respectively, who have been convicted in C.C.No.184 of 2011, which conviction was confirmed in Criminal Appeal No.5001 of 2015 and Criminal Appeal No.127 of 2015 respectively, for the offences punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the NDPS Act)’. 3. The sentence passed by the trial Judge reads as under: ORDER “Acting U/Sec.255(2) of Cr.P.C. the accused Nos.1 and 2 hereby convicted for the offence punishable U/Sec.20(b) of the Narcotics Drugs and Psychotropic Substances Act, 1985. For the offence punishable U/S 20(b) (ii) (A) of the Narcotics Drugs and Psychotropic Substances Act, 1985, the accused Nos. 1 and 2 are sentenced to undergo RI for a - 4 - HC-KAR NC: 2026:KHC-D:1080 CRL.RP No. 100155 of 2020 C/W CRL.RP No. 100066 of 2021 period of three months and to pay a fine of Rs.5,000/- (Five thousand rupees) each. In default to pay the amount, the accused shall further undergo SI for a period of one month. Their bail bonds and surety bonds stand cancelled. The accused Nos.1 and 2 are entitled for the benefit of set off U/s 428 of Cr.P.C. M.Os. Nos.1 and 2 is ordered to confiscated to the state after the appeal period is over. M.O.No.3 i.e. the plastic cover being worthless is ordered to be destroyed after the appeal period is over.” 4. At the outset, Sri.Lingesh V. Kattimani, and Sri.Nagaraj C. Kollori, would contend that it is an isolated incident and there are no criminal antecedents as far as the petitioners are concerned. 5. They would also further contend that though provision of the Probation of Offenders Act are not applicable to a convicted accused for an offence under the NDPS, Act, taking note of the fact that they were in custody from 16.11.2010 to 22.11.2010, and also taking note of the quantity of the ganja seized in the incident from both the accused, which is to the - 5 - HC-KAR NC: 2026:KHC-D:1080 CRL.RP No. 100155 of 2020 C/W CRL.RP No. 100066 of 2021 tune of 850 grams, lenience may be shown by treating the custody period already undergone as the period of imprisonment for the proved offence, by reasonably enhancing the fine amount. 6. However, Sri Praveen Devaradiyavar, learned High Court Government Pleader, opposes the said submission of the revision petitioners by contending that if such people are shown any lenience, it would encourage the similarly placed perpetrators of crime and therefore sought for Dismissal of the revision petitions. 7. Having heard the arguments of both sides and taking note of the scope of the revision petition, this Court is in complete agreement with the findings recorded by the trial Magistrate, confirmed by the First Appellate Court, insofar as the guilt of the accused persons for the offence punishable under Section 20(b) of the NDPS Act. 8. The sample of 850 grams of ganja was placed before the Court as MO.1 and the seizure panchanama along with the evidence of the head of the raiding party is sufficient enough to establish the offence alleged against the petitioners. - 6 - HC-KAR NC: 2026:KHC-D:1080 CRL.RP No. 100155 of 2020 C/W CRL.RP No. 100066 of 2021 9. Having said so, since the seized ganja is a small quantity, the custody period from 16.11.2010 to 22.11.2010 undergone by the petitioners, if treated as period of imprisonment, and by enhancing the fine amount in a sum of Rs.40,000/- inclusive of Rs.5,000/-already deposited by the revision petitioners, the ends of justice would be met. 10. More so, in the absence of criminal antecedents, and as there is no further complaint against the petitioners and they have retraced their steps and they are now leading the normal prudent life in society as family persons, lenience is justified. 11. Hence, without further discussion on the other aspects of the matter, though addressed at length by the revision petitioners and learned High Court Government Pleader, the following order is passed: ORDER (i) The revision petitions are allowed in part. (ii) While maintaining the conviction of the accused persons for the offence punishable under Section 20(b)(i) of the NDPS Act, the custody undergone by the revision petitioners - 7 - HC-KAR NC: 2026:KHC-D:1080 CRL.RP No. 100155 of 2020 C/W CRL.RP No. 100066 of 2021 for the period of 16.11.2010 to 22.11.2010 is treated as the period of imprisonment and the fine amount is enhanced to a sum of ₹.35,000/-(₹.35,000/- + ₹.5,000/- = ₹ 40,000/-) to be payable by the accused persons on or before 20.02.2026. (iii) It is made clear that if the balance fine amount of ₹ 35,000 is not paid on or before 20.02.2026, the imprisonment ordered by the trial Magistrate and confirmed by the First Appellate Court stands restored automatically. (iv) Office is directed to return the trial Court records with copy of this Order forthwith for issuance of modified conviction. Ordered accordingly. Sd/- (V.SRISHANANDA) JUDGE RHR/-Ct-cmu LIST NO.: 1 SL NO.: 14