Bangalore District Court
Bengaluru Contonment Railway P.S vs A1 Kolluri Syam Kumar on 18 February, 2026
1
Spl.C.C. No.681/2023
KABC010083322023
In the Court of the XXXIV Additional City Civil and Sessions
Judge and Special Judge, (NDPS), (CCH -35), Bengaluru.
Present: SRI. VIJETH.V, B.A.L, LL.B.,
XXII ADDL. CITY CIVIL & SESSIONS JUDGE,
C/c.XXXIV Addl. City Civil & Sessions Judge and
Special Judge, (NDPS), Bengaluru.
Dated this the 18th day of February 2026
Spl.CC. No.681/2023
Complainant : State by Bengaluru Cantonment Railway
Police Station,
Bengaluru.
Rep. By Public Prosecutor
City Civil Court, Bengaluru.
V/s.
Accused : 1 KOULURI SYAMKUMAR,
S/o.Rambabu.K,
Aged about 20 years,
Present:
34-10-1/1, Rasaveedi,
Gnanapuram,
Visakhapatnam Urban,
Visakhapatnam,
Andhra Pradesh-530004.
Permanent:
34-10-1/1, Rasaveedi,
Gnanapuram,
Visakhapatnam Urban,
Karnataka Railways,
2
Spl.C.C. No.681/2023
Andhra Pradesh.
2 ROKKAM NEETHISH KUMAR,
S/o.Rokkam Gopal Rao,
Aged about 19 years,
R/a.No.36, PARA MALANCHA ROAD,
KHARAGPUR, WEST
MIDNAPUR,
Paschim medinipur
West Bengal-721301.
(A-1 By Sri.T.V.S., &
A-2 By Sri.M.V.K.,Advocates)
1. Date of the offence : 18-10-2022
2. Date of report of the : 18-10-2022
offence
3. Arrest of the accused : A-1 : 19-10-2022
A-2 : 19-10-2022
Date of release : A-1 : 22-12-2022
A-2 : 15-11-2022
Period of custody : Year/s Month/s Day/s
A-1 : 00 02 03
A-2 : 00 00 26
4. Name of the complainant : Sri.Nagaraja (P.S.I)
5. Date of commencement : 19-08-2025
of recording the evidence
6. Date of closing the : 22-01-2026
evidence
7. Offences complained of : U/s.20(b)(ii)(B) of NDPS
Act.
3
Spl.C.C. No.681/2023
8. Opinion of the Judge : Accused not found guilty.
(VIJETH.V)
XXII ADDL. CITY CIVIL & SESSIONS JUDGE,
C/c.XXXIV Addl. District and Sessions Judge,
& Special Judge,(NDPS), Bengaluru.
JUDGMENT
The present charge sheet has been filed by PSI, Cantonment Railway Police Station, Bengaluru against accused No.1 and 2 for the offences punishable under Section 20(b)(ii)(B) of NDPS Act,1985.
2. The brief facts of the case of the prosecution is as under:
That on 18.10.2022, when CW-1 along with CW-4 to 9 and also along with dogs squad were in patrolling duty at 9.00 a.m, and when they were near Platform No.4 of K.R.Puram Railway Station, they found the accused No.1 and 2 who were in possession of 4 kg 250 grams of ganja in two bundles which was brought from Vishakapatnam to sell the same in Bengaluru. As such, they were apprehended and seized the contraband ganja and CW-1 registered a case against accused No.1 and 2 as per 4 Spl.C.C. No.681/2023 Ex.P-4 for the offences punishable U/s.20(b)(ii)(B) of NDPS Act.
3. The accused No.1 and 2 were enlarged on bail. The prosecution papers were furnished to the accused No.1 and 2 as required under Section 207 of Cr.P.C. Heard both sides, charge has been framed against accused No.1 and 2 for the offences punishable U/s.20(b)(ii)(B) of NDPS Act and read over the contents to accused persons, wherein accused persons pleaded not guilty and claims to be tried.
4. In order to prove the case of the prosecution it has examined 05 witnesses as PW-1 to PW-5 and got marked documents as Ex.P-1 to Ex.P-10 and also got marked Material objects as MO-1 to MO-7.
5. After the evidence of prosecution side, the statement of the accused persons as required under Section under Section 313 of Cr.P.C., is recorded, read over and explained the contents to accused persons in the language known to them wherein the accused persons denied the incriminating evidence appeared against them. But they have not chosen to lead any evidence 5 Spl.C.C. No.681/2023 from their side.
6. Heard the argument of Learned Public prosecutor and Counsel for accused persons.
7. The following points arise for my consideration:
1) Whether the prosecution proves beyond reasonable doubt that on 18.10.2022 at 10.00 a.m, at Platform No.4 of Cantonment Railway Station from Train No.12510 Gauhati SMVT Train from Bangarpet Railway Station to K.R.Railway Station Bengaluru, within the limits of respondent police the accused persons had possessed ganja weighing 4 kgs 250 grams in a Kaki Colour Paper in two bundles for selling the same to the public and to earn money and thereby accused have committed the offence punishable under Section 20(ii)(B), 8(c) of NDPS Act, within the cognizance of this Court?
2) What order?
8. My finding to above points is as under:
Point No.1:- In the Negative Point No.2:- As per final order for the following:
REASONS
9. POINT NO.1 :- It is the case of the prosecution that on 18.10.2022, when CW-1 along with CW-4 to 9 and also along with dogs squad were in patrolling duty at 9.00 a.m, and when 6 Spl.C.C. No.681/2023 they were near Platform No.4 of K.R.Puram Railway Station, they found the accused No.1 and 2 who were in possession of 4 kg 250 grams of ganja in two bundles which was brought from Vishakapatnam to sell the same in Bengaluru. As such, they were apprehended and seized the contraband ganja and CW-1 registered a case against accused No.1 and 2 as per Ex.P-4 for the offences punishable U/s.20(b)(ii)(B) of NDPS Act.
10. In order to substantiate the contention of the prosecution it has examined CW-1 Nagaraja, PSI has PW-1 who deposed before the court that on 18.02.2022 the witness along with CW-4 to 10 and dogs squad were in patrolling duty from Bangarapete to K.R.Puram Railway Station with respect to Narcotic substances. Gouhathi, SMVT Express came to K.R.Puram Railway Station at 9.30 a.m, and parked in platform No.4. When the witness along with his staff were in patrolling duty they found two persons in waiting room along with a bag. When they questioned the accused persons regarding the contents of the bag they disclosed that the bag containing closed. When CW-1 asked to open the bag they discloses that the bag containing ganja which was brought from 7 Spl.C.C. No.681/2023 Vishakapatnam to sell the same in Bengaluru. The accused persons also disclosed their names and addresses. The complainant informed the same to Police Inspector, by name Prabhakar and in turn the Police Inspector instructed to conduct panchanama. The witness again called the Cantonment Railway Station and requested to bring the equipment and sent the staff to seized the articles. CW-10 and 11 came to the spot along with equipment. CW-5 secured CW-2 and 3 as panchas. When the accused persons were searched in presence of CW-2 and 3 they found a poco phone, I.D, Aadhar Card, Tickets and Identity card with respect to Avanthi Institute of Technology belongs to accused No.2. When they opned another zip of the bag they found two bundles tired with a tape, out of which one bundle containing ganja weighing 2 kg 120 grams and another bundle containing ganja, weighing 2 kg 130 grams. The same were seized and sealed with seal impression as "ARM' and named it has article No.1 to 3. The panchanama was prepared between 12.30 p.m, to 3.00 p.m. and at 4.30 p.m, the complainant along with seized articles and accused persons returned to police station and handed over the same to CW-14 and registered a 8 Spl.C.C. No.681/2023 case as per Ex.P-4. Ex.P-1 is panch notice, Ex.P-2 is Copy of SHD, Ex.P-3 is Seizure panchanama, MO-1 and 2 samples of ganja, MO-3 Foco Phone, MO-4 I.D.Card, MO-5 Aadhar card, MO-6 Railway Ticket, MO-7 Leather shoulder bag.
In the cross examination, the witness stated that he has not produced any documents to show that on 18.10.2022 they were in patrolling duty from Bangarapete to K.R.Puram Railway Station. The witness admitted that they were CCTVs in waiting room at K.R.Puram Railway Station and he has not produced the CCTV footages. He has not recorded videography nor taken photographs regarding the seizure.
11. CW-2 B.K.Rajkumar examined as PW-4 deposed before the court that he do not know the accused persons. He has put his signature to Ex.P-3 seizure panchanama on 18.12.2022 at K.R.Puram Railway Police Station. The police have seized two bundles of ganja, a Railway Ticket, ID, Aadhar Card from accused No.1. The accused No.2 was with accused No.1. No panchanama was conducted in his presence, no contraband articles were seized from accused persons, he has 9 Spl.C.C. No.681/2023 not given any statement before the police.
Even though the witness is treated as hostile and permitted the prosecution to cross examine the witness, nothing worth has been elicited from the mouth of said witness.
12. CW-3 Jilan Khan examined as PW-2 deposed before the court that he do not know the accused persons. He has put his signature to Ex.P-3 seizure panchanama on 18.12.2022 at K.R.Puram Railway Police Station. The police have seized two bundles of ganja, a Railway Ticket, ID, Aadhar Card from accused No.1. The accused No.2 was with accused No.1.
In the cross examination the witness admitted that he has put his signature in the police station, he cannot say who has typed the panchanama, he do not remember accused No.2. He cannot say to whom the ID card belongs to.
13. CW-13 Dr.Sunagar Manjunatha Gulappa, Scientific Officer, examined as PW-3 deposed before the court that on 05.11.2022, SFSL, Madiwala received two sealed articles in Cr.No.57/2022 of Bengaluru Cantonment Police Station. The 10 Spl.C.C. No.681/2023 articles were examined between 13.12.2022 to 16.12.2022. The articles were sealed with seal impression "AR" which was intact and tallied with specimen seal sent by the IO. On opening of article No.1 he found one sealed white cloth packet containing 98.24 grams of broken stalks bearing greenish brown coloured small leaves with fruiting and flowering tops and seeds having characteristic smell. On opening of article No.2 he found one sealed white cloth packet containing 99.42 grams of broken stalks bearing greenish brown coloured small leaves with fruiting and flowering tops and seeds having characteristic smell. He has conducted five different kinds of chemical tests. In his opinion, the samples found in article No.1 and 2 responded positive for cannabis (Ganja) cannabis contains Psycho Active Constituents. He has issued report as per Ex.P-5.
In the cross examination, nothing worth has been elicited from the mouth of said witness except mere suggestion of denial.
14. CW-14 M.T.Nataraj, PSI examined as PW-5 deposed before the court that on 18.10.2022 at 11.00 a.m, when he was in the station he received phone call from CW-1 stating that when CW-1 along with CW-4 to 9 and also with dogs squad 11 Spl.C.C. No.681/2023 were in patrolling duty, they found two persons transporting ganja in a train and requested to send the equipments along with staff. As such, he has sent CW-10 and 11 along with equipments. On the same day at 5.00 p.m, CW-1 along with seized articles and accused No.1 and 2 returned to the police station handed over the seized articles, documents along with accused persons and submitted a complaint. He has registered a case as Cr.No.57/2022 and submitted FIR to the court. He has submitted PF as per PF.No.39/2022. MO-1 to 7 are the articles produced before him. On the same day, he has submitted the report to police commissioner as per Ex.P-9. He has recorded statements of PW-2 and 3 along with statements of staff. On 19.10.2022 he has produced the accused persons to the court. On 20.10.2022 he has produced the sealed articles before the Magistrate for inventory. On 05.11.2022 he has sent the samples to FSL examination. On 07.11.2023, he has received FSL report as per Ex.P-5. He has completed investigation and submitted charge sheet to the court.
In the cross examination, the witness admitted that the accused persons are the Engineers working in a reputed 12 Spl.C.C. No.681/2023 company.
15. The prosecution has examined five witnesses as PW-1 to 5. According to the case of the prosecution, PW-1 is the complainant who deposed before the court that on 18.02.2022 the witness along with CW-4 to 10 and dogs squad were in patrolling duty from Bangarapete to K.R.Puram Railway Station with respect to Narcotic substances. Gouhathi, SMVT Express came to K.R.Puram Railway Station at 9.30 a.m, and parked in platform No.4. When the witness along with his staff were in patrolling duty they found two persons in waiting room along with a bag. When they questioned the accused persons regarding the contents of the bag they disclosed that the bag containing closed. When CW-1 asked to open the bag they discloses that the bag containing ganja which was brought from Vishakapatnam to sell the same in Bengaluru. The accused persons also disclosed their names and addresses. The complainant informed the same to Police Inspector, by name Prabhakar and in turn the Police Inspector instructed to conduct panchanama. The witness again called the Cantonment Railway Station and requested to bring the equipment and sent the staff 13 Spl.C.C. No.681/2023 to seized the articles. CW-10 and 11 came to the spot along with equipment. CW-5 secured CW-2 and 3 as panchas. When the accused persons were searched in presence of CW-2 and 3 they found a poco phone, I.D, Aadhar Card, Tickets and Identity card with respect to Avanthi Institute of Technology belongs to accused No.2. When they opned another zip of the bag they found two bundles tired with a tape, out of which one bundle containing ganja weighing 2 kg 120 grams and another bundle containing ganja, weighing 2 kg 130 grams. The same were seized and sealed with seal impression as "ARM' and named it has article No.1 to 3. The panchanama was prepared between 12.30 p.m, to 3.00 p.m. and at 4.30 p.m, the complainant along with seized articles and accused persons returned to police station and handed over the same to CW-14 and registered a case as per Ex.P-4. Ex.P-1 is panch notice, Ex.P-2 is Copy of SHD, Ex.P-3 is Seizure panchanama, MO-1 and 2 samples of ganja, MO-3 Foco Phone, MO-4 I.D.Card, MO-5 Aadhar card, MO-6 Railway Ticket, MO-7 Leather shoulder bag. According to the case of prosecution, PW-2 is a witness to seizure panchanama before the court that he do not know the accused 14 Spl.C.C. No.681/2023 persons. He has put his signature to Ex.P-3 seizure panchanama on 18.12.2022 at K.R.Puram Railway Police Station. The police have seized two bundles of ganja, a Railway Ticket, ID, Aadhar Card from accused No.1. The accused No.2 was with accused No.1. According to the case of prosecution, PW-4 is also one of the witness to seizure panchanama deposed before the court that he do not know the accused persons. He has put his signature to Ex.P-3 seizure panchanama on 18.12.2022 at K.R.Puram Railway Police Station. The police have seized two bundles of ganja, a Railway Ticket, ID, Aadhar Card from accused No.1. The accused No.2 was with accused No.1. No panchanama was conducted in his presence, no contraband articles were seized from accused persons, he has not given any statement before the police. According to the case of the prosecution, PW-3 is the Scientific Officer, who deposed before the court that on 05.11.2022, SFSL, Madiwala received two sealed articles in Cr.No.57/2022 of Bengaluru Cantonment Police Station. The articles were examined between 13.12.2022 to 16.12.2022. The articles were sealed with seal impression "AR" which was intact and tallied with specimen seal sent by the 15 Spl.C.C. No.681/2023 IO. On opening of article No.1 he found one sealed white cloth packet containing 98.24 grams of broken stalks bearing greenish brown coloured small leaves with fruiting and flowering tops and seeds having characteristic smell. On opening of article No.2 he found one sealed white cloth packet containing 99.42 grams of broken stalks bearing greenish brown coloured small leaves with fruiting and flowering tops and seeds having characteristic smell. He has conducted five different kinds of chemical tests. In his opinion, the samples found in article No.1 and 2 responded positive for cannabis (Ganja) cannabis contains Psycho Active Constituents. He has issued report as per Ex.P-5. According to the case of prosecution, PW-5 is the Investigating Officer, he has submitted charge sheet deposed before the court that on 18.10.2022 at 11.00 a.m, when he was in the station he received phone call from CW-1 stating that when CW-1 along with CW-4 to 9 and also with dogs squad were in patrolling duty, they found two persons transporting ganja in a train and requested to send the equipments along with staff. As such, he has sent CW- 10 and 11 along with equipments. On the same day at 5.00 p.m, CW-1 along with seized articles and accused No.1 and 2 16 Spl.C.C. No.681/2023 returned to the police station handed over the seized articles, documents along with accused persons and submitted a complaint. He has registered a case as Cr.No.57/2022 and submitted FIR to the court. He has submitted PF as per PF.No.39/2022. MO-1 to 7 are the articles produced before him. On the same day, he has submitted the report to police commissioner as per Ex.P-9. He has recorded statements of PW- 2 and 3 along with statements of staff. On 19.10.2022 he has produced the accused persons to the court. On 20.10.2022 he has produced the sealed articles before the Magistrate for inventory. On 05.11.2022 he has sent the samples to FSL examination. On 07.11.2023, he has received FSL report as per Ex.P-5. He has completed investigation and submitted charge sheet to the court.
16. It is pertinent to note that, as per the case of prosecution CW-1 the complainant informed the police inspector one Prabhakar at 9.30 a.m, stating that they have caught hold two persons with ganja and also requested to sent equipments along with staff. But, the present complaint was lodged by CW-1 at 5.00 p.m, in the police station. Even though, the complainant 17 Spl.C.C. No.681/2023 has informed about the transportation of ganja to the police inspector who was in the office at 9.30 a.m, but the said police inspector has not submitted FIR on the basis of said information.
It is significant to note it is clearly held by the Hon'ble Supreme Court in the case of Lalitha Kumari V/s. Government of Uttarpradesh reported in (2014) 2 SCC 1, it is clearly held that - 'The registration of FIR is mandatory under Section 154 of Cr.P.C., if the information discloses commission of a cognizable offence and no preliminary enquiry is permissible in such a situation and the same is general rule and must be strictly complied with'.
In the present case also as the FIR is not registered immediately after getting the information regarding cognizable offence, the Investigating Agency has not followed the mandatory requirement as stated by the Hon'ble Supreme Court of India. This is one aspect.
17. It is significant to note that according to the case of the prosecution PW-2 and 4 are the independent panch 18 Spl.C.C. No.681/2023 witnesses to the alleged seizure panchanama but the said witnesses deposed before the court that on18.12.2022 they have put their signatures to seizure panchanama marked at Ex.P-3. But, according to the case of prosecution, the alleged offence was took place on 18.10.2022 but not on 18.12.2022. Further, it is significant to note that, both witnesses clearly deposed before the court that they have put their signatures to the seizure panchanama in the police station. But according to the case of the prosecution, the alleged incident i.e. alleged seizure panchanama took place in waiting rooms of K.R.Puram Railway Police Station but not in K.R.Puram Railway Police Station. As such, the story of prosecution stating that they have seized the ganja as stated in the waiting room in possession of accused No.1 and 2 is not a believable story. It is further significant to note that inspite of opportunities the prosecution has not examined any other raid witnesses in order to prove its case. As the evidence of PW-1 is not supported by the evidence of panch witnesses and as there is no corroborative evidence regarding the seizure of the ganja from the accused persons, it is not safe to book the accused persons to guilty. Further, the object of 19 Spl.C.C. No.681/2023 NDPS Act is to make stringent provisions for control and regulation of operations relating to drugs and narcotic substances and Psychotropic substances. At the same time to avoid harm to the innocent persons compliance of the provisions of NDPS Act is mandatory. As such, as above discussed the prosecution has failed to prove that compliance of Mandatory Provisions of NDPS Act as such it is not safe to book the accused persons to guilty. As such, I answer Point No.1 the negative.
18 18. POINT NO.2 :- In view of the finding on above point No.1 in the negative, I proceed to pass the following:
ORDER Acting under Section 235(1) of Code of Criminal Procedure, 1973, the accused No.1 and 2 are acquitted for an offence punishable under Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985.
Accused No.1 and 2 are set at liberty.
M.O.-1, 2, 4, 5, 6 and 7 are ordered to be destroyed after appeal time is over.20
Spl.C.C. No.681/2023 M.O.3 shall be confiscated to the Government after appeal time is over.
(Dictated to the Stenographer Grade-1, directly on computer, typed by her, corrected, signed and pronounced in the open court on this the 18th day of February 2026).
(VIJETH.V) XXII ADDL. CITY CIVIL & SESSIONS JUDGE, C/c.XXXIV Addl. District and Sessions Judge, & Special Judge,(NDPS), Bengaluru.
ANNEXURE List of witnesses examined on behalf of Prosecution:
PW-1 : Nagaraj
PW-2 : Jilan
PW-3 : Dr.Sunagar Manjunath Gulappa
PW-4 : Rajkumar
PW-5 : Nataraj.G
List of Exhibits marked on behalf of Prosecution:
Ex.P1 : Notice to Panchas
Ex.P1(a) : Signature of PW-1
Ex.P1(b) : Signature of PW-2
Ex.P1(c) : Signature of PW-4
Ex.P2 : C.C.of S.H.D
Ex.P3 : Mahazar
Ex.P3(a) : Signature of PW-1
Ex.P3(b) : Signature of PW-2
Ex.P3(c) : Signature of PW-4
Ex.P4 : Complaint
Ex.P4(a) : Signature of PW-1
Ex.P4(b) : Signature of PW-5
Ex.P5 : F.S.L Report
Ex.P5(a) : Sample
21
Spl.C.C. No.681/2023
Ex.P6 : Statement of PW-4
Ex.P7 : F.I.R
Ex.P7(a) : Signature of PW-5
Ex.P8 : P.F
Ex.P8(a) : Signature of PW-5
Ex.P9 : Report
Ex.P9(b) : Signature of PW-5
Ex.P10 : Photos (10 Nos.)
List of Material Objects marked on behalf of Prosecution:
MO-1 & 2 : Samples
MO-3 : Poco Phone
MO-4 : Identity Card
MO-5 : Aadhar Card
MO-6 : Railway Ticket
MO-7 : Black Colour Leather Shoulder Bag
List of witness examined on behalf of Defence:
NIL List of exhibits marked on behalf of Defence: NIL (VIJETH.V) XXII ADDL. CITY CIVIL & SESSIONS JUDGE, C/c.XXXIV Addl. District and Sessions Judge, & Special Judge,(NDPS), Bengaluru.