- 1 - HC-KAR NC: 2026:KHC:8641 CRL.RP No. 147 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 147 OF 2026 BETWEEN: SMT. M. SREEVALLI W/O G.R. BALAJI AGED ABOUT 67 YEARS BALAJI NILAYA, 1ST CROSS ASHOKA NAGARA, GOVERNMENT COLLEGE EXTENSION, TUMKUR DISTRICT - 572 103. …PETITIONER (BY SRI LINGARAJU K.R, ADV.) AND: STAET BY EXCISE DEPARTMENT OFFICE OF THE DEPUTY COMMISSIONER OF EXCISE TUMAKURU DISTRICT REP., BY IT'S SPP., HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI ANOOP KUMAR M.V, HCGP) THIS CRL.RP IS FILED U/S.397 R/W 401(FILED U/S.438 R/W SEC.442 BNSS) CR.P.C PRAYING TO SET ASIDE THE ORDER PASSED BY THE COURT OF PRINICPAL DISTRICT AND SESSIONS JUDGE, TUMAKURU IN SPL.C.NO.329/2025 DATED 19.01.2026 AND ALLOW THE DISCHARGE APPLICATION BY THE PETITIONER U/S.250 OF BNS 2023 BY DISCHARGE THE PETITIONER FROM THE OFFENCE P/US/ 13(a)(b),32(2)(b),38(A) OF KARNATAKA EXCISE ACT 1965 AND SEC.20(i),20(a),25,8(b) OF NDPS ACT 1985. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8641 CRL.RP No. 147 of 2026 ORAL ORDER 1. The sole accused is before this Court in this Criminal Revision Petition filed under Section 438 r/W Section 442(2) of BNSS, 2023 with a prayer to set aside the order dated 19.01.2026 passed by the Court of Principal District and Sessions Judge, Tumakuru in Special Case No.329 of 2025. 2. Heard the learned counsel appearing for the parties. 3. Petitioner herein was charge sheeted for offences punishable under Section 13(1)(b), 32(2)(b), 38(A) of the Karnataka Excise Act, 1965 and Section 20(i), 20(a), 25 and 8(b) of the NDPS Act, 1985 and a case was registered against her in Special Case No.329 of 2025 before the Court of Principal District and Sessions Judge, Tumakuru. Allegation against the petitioner is that she had grown 7 ganja plants in a vacant site that belongs to her which is situated adjacent to her house. In the said proceedings the petitioner had filed an application under Section 250 of BNSS with a prayer to discharge her of the charge sheeted offences. The said application was opposed by the prosecution. The Trial Court, vide the order impugned has rejected the application of the petitioner filed under Section - 3 - HC-KAR NC: 2026:KHC:8641 CRL.RP No. 147 of 2026 250 of BNSS, 2023. Aggrieved by the same, the petitioner is before this Court. 4. It is the case of the prosecution that on receipt of credible information, the Inspector of excise had inspected the property bearing Khata No. 2746, Site No. 6 situated at Heggere Village and had seized 7 wet ganja plants, totally weighing 7 kg to 271 grams. On verification, it was found that the property in which the ganja plants were found stood in the name of the petitioner. It is under these circumstances, FIR was registered against her and after completion of investigation, charge sheet was filed against her for the aforesaid offences. 5. Perusal of the material on record would go to show that, the Inspector of Excise along with the staff on receipt of credible information had conducted a raid to the alleged property in which ganja plants were grown. A spot mahazar was drawn during the course of investigation and a reading of the same would go to show that, the neighbours of the site in question have stated that they were not aware, who had grown the ganja plants in the site in question. They also had stated - 4 - HC-KAR NC: 2026:KHC:8641 CRL.RP No. 147 of 2026 that ganja plants would have grown naturally. The prosecution has not collected any material to show that the petitioner who is the owner of the site in which the ganja plants were found had grown the same. 6. Perusal of the material on record would also go to show that, that petitioner is residing in a house adjacent to the site in question and the site in which the petitioner has constructed her house is surrounded with a compound wall. Insofar as the site in question is concerned, the same is a vacant site without there being any compound wall and therefore it is open site. 7. Perusal of the material on record would als go to show that, earlier the petitioner had leased the site in question to one Pradeep Kumar, who was carrying on business of vending panipuri in the said property. It appears that, subsequently said Pradeep Kumar has died and the site in question was thereafter abandoned. 8. The Co-ordinate Bench of this Court in the case of Mr.R.Gopal Reddy v. Mr. Mohammed Mukaram and - 5 - HC-KAR NC: 2026:KHC:8641 CRL.RP No. 147 of 2026 Another in W.P.No.13943 of 2024 dated 31.08.2024, and in the case of Chandrashekar v. State of Karnataka by Banashankari P.S in Crl.P.No.11138 of 2024 dated 29.04.2025 has observed that the accused should have a intention to raise the ganja plant and the accused must have conscious knowledge of what is happending in the premises. 9. In the case of hand, such material is absent. As observed earlier, prosecution has failed to collect any material during the course of investigation to show that petitioner, who is the owner of the vacant site, which has no fencing or compound wall, had grown the Ganja plants with intention. In the absence of such a material, the petitioner who is a lady aged 47 years cannot be asked to stand trial for the charge sheeted offences. The Trial Court has failed to appreciate the aforesaid aspects of the matter and has erred in rejecting the application of the petitioner filed under Section 250 of BNSS 2023. Under these circumstances, the impugned order cannot be sustained. 10. Accordingly, the following :- - 6 - HC-KAR NC: 2026:KHC:8641 CRL.RP No. 147 of 2026 ORDER i. Criminal revision petition is allowed. ii. The impugned order dated 19.01.2026 passed by the Court of Principal District and Sessions Judge, Tumakuru in Special Case No.329 of 2025 is set aside and consequently, the application filed by the petitioner under Section 250 of BNSS, 2023 stands allowed. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 45