- 1 - HC-KAR NC: 2026:KHC-D:1066 CRL.P No. 104387 of 2025 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 PETITION NO. 104387 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: HARISH S/O YALLAPPA HEBBALLI AGE 30 YEARS, OCC. PRIVATE FIRM R/O. VIJAYANAGAR, DHARWAD 580003 TQ. DIST. DHARWAD. …PETITIONER (BY SRI. SHIVAKUMAR HADI, ADVOCATE FOR SRI. NEELOPANT SHRIHARSH A., ADVOCATE) AND: THE STATE OF KARNATAKA R/BY PSI DHARWAD SUB-URBAN POLICE STATION, DHARWAD 580008, THROUGH STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA DHARWAD BENCH, DHARWAD. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S 528 OF BNSS, SEEKING TO QUASH THE IMPUGNED PROCEEDINGS IN C.C NO. 3353/2024 PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND PRINCIPAL JMFC, DHARWAD FOR THE OFFENSES PUNISHABLE UNDER SECTION 27 (B) OF NARCOTIC DRUG AND PSYCHOTROPIC SUBSTANCE ACT, 1985 AS PER ANNEXURE-A, IN SO FAR AS PETITIONER/ACCUSED NO.4 IS CONCERNED IN THE INTEREST OF JUSTICE. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2026:KHC-D:1066 CRL.P No. 104387 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.Shivakumar Kadi for Sri.Shriharsha A. Neelopant for petitioner and learned High Court Government Pleader-Smt.Kirtilata R.Patil for respondent. 2. The petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the following prayer: “Wherefore, it is most humbly prayed that the Hon’ble Court be pleased to: (i) Quash the impugned proceedings in C.C.No.3353/2024 pending on the file of the Principal Civil Judge and Principal JMFC, Dharwad for the offenses punishable under section 27(B) of narcotic drug and psychotropic substance act, 1985 as per Annexure-A, in so far as petitioner/accused no.4 is concerned in the interest of justice and equity. - 3 - HC-KAR NC: 2026:KHC-D:1066 CRL.P No. 104387 of 2025 (ii) Grant such other reliefs as deemed fit in the circumstances of the case and in the interest of justice.” 3. The petitioner is arrayed as accused No.4 in C.C.No.3353/2024, having been alleged with the offence under Section 27B of the Narcotic Drugs and Psychotropic Substances Act, 1985. 4. The petitioner contends that, having seen the police who were on patrolling duty, he threw away the cigarette and ran away from the spot. He was apprehended and later on got examined in the DIMHANS and found that he was the consumer of the drug. 5. According to the petitioner, DIMHANS is not the proper authority to determine commission of NDPS by prosecution. Therefore, the very filing of the charge sheet against the petitioner and the cognizance taken by the learned Magistrate are incorrect and sought for quashing the pending proceedings. On consideration of rival contentions, at the most, grounds urged in the petition could be treated as defence that is available to the accused to be placed before the trial Court, as there are some procedural lapses. - 4 - HC-KAR NC: 2026:KHC-D:1066 CRL.P No. 104387 of 2025 6. Those grounds cannot justify quashing of the pending proceedings. Moreover, the accused is on bail and no injustice would be caused to face the trial. 7. Hence, the following order: ORDER The petition is dismissed. Sd/- (V.SRISHANANDA) JUDGE RHR/-CT-CMU LIST NO.: 2 SL NO.: 49