Karnataka High Court
Kolandaiswamy vs The State Of Karnataka on 27 January, 2017
Author: Anand Byrareddy
Bench: Anand Byrareddy
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JANUARY 2017
BEFORE
THE HON'BLE MR. JUSTICE ANAND BYRAREDDY
CRIMINAL PETITION No.628 OF 2017
Between:
1. Kolandaiswamy
S/o Late. Arulappa
Aged about 50 years,
Residing at M.G.Doddi Village
Presently residing at Halemartahalli Village,
Kolegala Taluk, Chamarajnagara District,
Pin Code 571313. ...Petitioner
(By Sri. Mahadeva R.K, Advocate)
And:
1. The State of Karnataka
Rep. by the Station House
Officer, Ramapura Police Station,
Ramapura, Kollegal Sub-Division
Chamarajanagara District,
Pin Code 571313.
Rep. by its State Public Prosecutor,
High Court Building, Bengaluru-560 001.
2. Police Officer
Ramapura Police Station,
Ramapura, Kollegal Sub-Division
Chamarajanagara District,
Pin Code 571313. ... Respondents
(By Sri. B.Vishweshwaraiah, HCGP)
2
This Criminal Petition is filed under Section 482 of
Cr.P.C. to quash the entire proceedings in
Spl.C.No.19/2016 (is arising out of Cr.No.18/2016) of
Ramapura P.S., Kollegal Sub-Division,
Chamarajamnagara for the alleged offences punishable
under Section 20(B)(ii)(b) of NDPS Act on the file of the
Hon'ble Prl.District and Sessions Judge,
Chamarajanagar.
This Petition coming on for admission this day, the
Court made the following:-
ORDER
The petitioner is facing proceedings for an offence punishable under Section 20(B)(ii)(b) of the Narcotic Drugs and Psychotropic Substance Act, 1985. It is alleged that the petitioner was caught in possession of 4 Kg. 350 Gms. of Ganja. But however in the complaint, which is in the Kannada language it is indicated that what has been seized is "Ganja Soppu." It is pointed out by the learned counsel for the petitioner that it is not only described as Ganja Soppu, but it also includes stems, roots and seeds. It is pointed out that Ganja as 3 defined under the NDPS Act is categorical and it would not include leaves, seeds or other parts of the cannabis plant. Therefore, the candid description of the material seized not only includes the flowering tops but also leaves, stems and roots of the cannabis plant, which would put it outside the definition of Ganja under the Act. In other words, the Act requires the parts of the plant to be segregated. Since other parts of the plant are also included, it would result in futile proceedings.
2. The learned Government pleader would not dispute the position that Ganja has a particular definition under the NDPS Act and it would not include all the parts of the cannabis plant. Further the quantity seized which is stated to be 4 Kg 350 gms. consisted of all parts of the cannabis plant other than the flowering tops, which would be misleading and would result in the entire exercise being futile.
3. Accordingly, the petition is summarily allowed. The proceedings pending in Spl.Case 4 No.19/2016 on the file of the Principal District and Sessions Judge, Chamarajanagar, stands quashed.
Sd/-
JUDGE *alb/-.