Karnataka High Court
Umesh Preetham Prakash vs The State Of Karnataka on 2 May, 2025
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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CRL.P No. 3320 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF MAY, 2025
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 3320 OF 2023
(482(Cr.PC) / 528(BNSS))
BETWEEN:
UMESH PREETHAM PRAKASH
S/O SRI. PRAKASH,
AGED ABOUT 22 YEARS,
R/AT PLOT # 10, PADMA NILAYA,
LAKSHMINAGAR, TOLANAKERE,
TQ. HUBBALLI, DIST: HUBBALLI,
PINCODE-580 020.
(PERMANENT/PRESENT ADDRESS)
AND ALSO AT
R/AT MIRANDA HOUSE,
BEHIND BEJAI CHRUCH 3RD GATE,
Digitally BEJAI, MANGALURU,
signed by KARNATAKA PIN CODE-575 004.
LAKSHMI T
Location: ...PETITIONER
High Court
of Karnataka (BY SRI. JAIRAJ G., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THE STATION HOUSE OFFICER OF
MANGALORE EAST POLICE STATION,
REP. BY PUBLIC PROSECUTOR OF
HIGH COURT BENGALURU
PINCODE-560 001.
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CRL.P No. 3320 of 2023
2. SRI. PRADEEP T.R.
POLICE SUB-INSPECTOR,
CITY CRIMES BRANCH,
CCB, MANGALORE
PINCODE-575 001.
...RESPONDENTS
(BY MS. ASMA KOUSER, ADDL. SPP)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO
QUASH THE CHARGE SHEET IN SPL.C.NO.11/2022, IN CRIME
NO.81/2021, AGAINST THE PETITIONER (ARRAYED AS
ACCUSED NO.2) FOR THE OFFENCES PUNISHABLE UNDER
SEC.8(C), 22(C), 20(b)(ii)(A) OF N.D.P.S. (NARCOTIC DRUGS
AND PSYCHOTROPIC SUBSTANCES) ACT, 1985, WHICH IS
NOW PENDING ON THE FILE OF PRINCIPAL DISTRICT AND
SESSIONS AND SPECIAL JUDGE AT MANGALORE, D.K.
(DAKSHINA KANNADA).
THIS CRIMINAL PETITION HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 26.04.2025, COMING ON FOR
PRONOUNCEMENT THIS DAY, THE COURT MADE THE
FOLLOWING:
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CRL.P No. 3320 of 2023
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CAV ORDER
This petition under Section 482 of Cr.P.C., is
preferred by accused No.2 seeking to quash the charge
sheet filed in Spl.C.No.11/2022 on the file of Principal
District and Sessions and Special Judge at Mangaluru,
D.K., for the offence punishable under Section 8(c), 22(c)
and 20(b)(ii)(A) of NDPS Act, 1985 r/w 34 of IPC.
2. Heard both sides and perused the material on
record.
3. Brief facts of the case:- On 10.06.2021 at 2.00
p.m., PSI (CCB), Mangaluru City, received a credible
information that a person by name Mohammed Ajinas, a
resident of Kerala was selling narcotic drugs like LSD,
hashish and ganja to the general public and students, in
and around Kadri Mallikatte, as such, after obtaining a
search warrant issued by the Police Commissioner (Crimes
& Traffic) Mangaluru City, he along with his staff and two
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CRL.P No. 3320 of 2023
panchas went to the spot. At about 3.45 p.m., they
noticed the said accused who came on a Hero Honda
Passion motorcycle bearing No.KL-18-F3859 and waiting
for someone in front of Tejeswani Hospital. On seeing the
complainant and other officials, when he attempted to
escape, he was surrounded and apprehended. On enquiry,
he disclosed his name and confessed that he had come to
the spot to sell LSD stamps to his customers. Further,
that he was purchasing the LSD stamps etc., from one
Ashwin of Mumbai, who would send him LSD stamps
through post and he was selling the LSD stamps for
Rs.2,000/- each to his customers.
4. A total number of 840 LSD stamps weighing 15
grams 15 milli grams, kept in a plastic packet in the
pocket of his T-shirt and two mobile phones were seized
by the Police Commissioner, Central Sub-Division, a
Gazetted Officer, in the presence of panchas. The said
accused was arrested and produced before the Court.
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5. Petitioner/accused No.2 was arrested on
15.06.2021. At his instance, on 23.06.2021, 36.5 grams
of ganja and a mobile phone was allegedly seized from his
house, situated at Tolankare in Hubli. It is alleged that
accused Nos.1 and 2 were illegally obtaining LSD and
ganja from accused No.3 through parcel sent by post and
the accused were selling the same to the general public
etc.
6. Charge sheet was filed against accused Nos.1 to
3, for offences punishable under Section 8(c), 22(c),
20(b)(ii)(A) of NDPS Act r/w 34 of IPC, alleging that,
accused No.3 was supplying LSD stamps to accused Nos.1
and 2 and all the accused are involved in the offence.
7. It is vehemently contended by the learned
counsel for petitioner as under:
(i) There is absolutely no material collected by the
prosecution, except the voluntary statement of the
accused, to show that the petitioner was purchasing the
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CRL.P No. 3320 of 2023
contrabands from accused Nos.1 or 3 and he was selling
the same to the public.
(ii) There is no iota of evidence available from the
entire materials placed on record to prove any link
between the petitioner and the other accused in the
commission of the alleged offence.
(iii) Petitioner was arrested on 16.03.2021,
whereas, the alleged recovery is said to have been made
on 23.06.2021 and there is no explanation for the said
delay.
(iv) There is no recovery of LSD stamps. The
alleged seizure of 36.5 grams of ganja from the house at
Hubli, cannot be said to be from the exclusive possession
of the petitioner.
(v) Mandatory procedure under Section 42 and 50
of the NDPS Act, 1985, while conducting the seizure was
not followed and therefore, the entire seizure is vitiated.
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(vi) Ganja allegedly seized is a small quantity,
therefore, in the absence of any material to show any link
between petitioner and other accused, the charge sheet
against the petitioner could not have been filed before the
Special Court and the Special Court has no jurisdiction to
try the offence alleged against the petitioner.
(vii) Petitioner is a student of Manipal University and
he has completed his Hospital Management. He has no
bad antecedents. Continuation of proceedings will tarnish
his image in the Society.
8. Per contra, the learned Additional SPP has
contended that the police have filed the charge sheet
against accused Nos.1 to 3, after collecting materials
showing their involvement in the alleged crime. The
accused have given their voluntary statements, confessing
to the crime. At the instance of petitioner, 36.5 grams of
ganja has been seized. Accused No.3 has received certain
amount from accused Nos.1 and 2 through google pay etc.
She therefore, sought to dismiss the petition.
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9. A perusal of the entire material goes to show
that, the first informant received a credible information
that accused No.1 has been selling the contraband in and
around Kadri Mallikatte area, as such, he along with his
staff and panchas went to the spot and apprehended him
and from his possession 840 LSD stamps weighing 15
grams 15 milli grams and two mobile phones were seized.
The said accused is alleged to have confessed that he was
procuring the contraband from one Ashwin. It is nowhere
stated in the complaint or in the mahazar that the
petitioner was involved in the offence. It is not stated that
the petitioner was purchasing LSD stamps or ganja either
from accused No.1 or from accused No.3.
10. Petitioner was arrested and his voluntary
statement was allegedly recorded on 15.06.2021.
According to the prosecution on 23.06.2021, about 36.5
grams of ganja, which is a small quantity, was seized from
his house. The charge sheet material shows that after the
arrest, accused was remanded to judicial custody. No
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recovery of any contraband was affected from his
possession and it was not alleged by the prosecution that
any such confession was made regarding concealing of
ganja in his house. On 18.06.2021, petitioner was taken
into police custody and according to the prosecution, a
small quantity of ganja weighing 36.5 grams was seized
from his house on 23.06.2021.
11. There is absolutely no reasons forthcoming for
the delay in the alleged seizure of ganja from the house of
the petitioner. There is total non-compliance of the
mandatory provision of Section 42 of the NDPS Act, 1985.
After the petitioner was taken into police custody, nothing
prevented the I.O., to obtain necessary permission from
the learned Magistrate to conduct a search in house of the
petitioner. There is no material to show that after
recording the voluntary information of the petitioner, a
copy was sent to the Officer, Superior.
12. Section 42 of the Act deals with the power of
entry, search, seizure and arrest without warrant or
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authorization. Sub-Section (1) of Section 42 of the Act
provides that any officer authorized under the Act, who
received any information from any person, should take
down in writing, before proceeding to the spot and sub-
Section (2) of Section 42 of the Act, further gives mandate
to the authorized officer after writing down the information
under sub-Section (1) to forthwith send a copy thereof to
his immediate Superior officer. The provisions are held to
be mandatory by the Hon'ble Apex Court. There is
complete non-compliance of the mandatory provision of
Section 42 of the Act. The compliance is imperative and its
non-compliance would render the recovery suspicious and
result in vitiating the proceedings.
13. There is no material, worth accepting to show
that there was any link between the petitioner/accused
No.2 and other accused. It is well-settled that the
voluntary statement of an accused cannot be a basis to
impute or implicate him in a crime. Any money
transaction, even to be accepted, by itself will not give rise
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to hold that the petitioner is also involved in purchasing
LSD or ganja from other accused. Suspicion however
grave will not take the place of proof. Admittedly, no LSD
or like contraband was seized/recovered from the
petitioner, as it was seized from accused No.1.
14. For the foregoing reasons, petition succeeds.
Accordingly, the following:
ORDER
Petition is allowed.
The entire proceedings in Spl.C.No.11/2022 pending on the file of the Principal District and Sessions and Special Judge at Mangaluru, D.K., as against petitioner/accused No.2, is quashed.
Sd/-
(MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 1 CT:ar