HARISH S/O CHANDRASHEKHAR MALI vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:18163
CRL.P No. 102939 of 2026
CNR: KAHC020194682026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 5 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.102939 OF 2026
(482(Cr.PC)/528(BNSS)
BETWEEN:
HARISH S/O. CHANDRASHEKHAR MALI,
AGE: 25 YEARS, OCC: PAINTER,
R/O. H.NO.9/B, SIDDARTH COLONY,
RAM NAGAR, NEAR SAI BABA TEMPLE,
KESHWAPUR, HUBBALLI-580023.
…PETITIONER
(BY SRI SAIYAD D. MULLA, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH I.O. HUBBALLI,
SUB-URBAN POLICE STATION,
REP. BY H.C.G.P. HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD-580011.
…RESPONDENT
(BY SRI PRAVEENA Y. DEVAREDDIYAVARA, HCGP)
THIS CRIMINAL PETITION IS FILED U/S.528 OF BNSS
(U/S.482 OF CR.P.C.), PRAYING TO QUASH THE ENTIRE
PROCEEDINGS IN C.C.NO.1461/2026 FOR THE ALLEGED OFFENCE
PUNISHABLE U/S.27(B) OF NARCOTIC DRUGS AND PSYCHOTROPIC
SUBSTANCES ACT, 1985, ARISING OUT OF HUBBALLI SUB-URBAN
P.S. CRIME NO.75/2026 PENDING ON THE FILE OF THE LEARNED
PRINCIPAL CIVIL JUDGE AND J.M.F.C. HUBBALLI, SO FAR AS THE
PETITIONER/ ACCUSED NO.1 IS CONCERNED AND ETC.
THIS PETITION, COMING ON FOR FURTHER ARGUMENTS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by
CHANDRASHEKAR
LAXMAN KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
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HC-KAR
NC: 2026:KHC-D:18163
CRL.P No. 102939 of 2026
CNR: KAHC020194682026
CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL ORDER
Heard Sri.Saiyad D.Mulla, learned counsel for the
petitioner and Sri.Praveena Y.Devareddiyavara, learned HCGP
for respondent-State.
2. This petition is filed by the petitioner/accused No.1
under Section 482 of Cr.P.C., seeking to quash the entire
proceedings in C.C.No.1461/2026, pending on the file of the
learned Prl. Civil Judge and JMFC, Hubballi arising out of Crime
No.75/2025 of Hubballi Sub-Urban Police Station, registered for
the offences punishable under Sections 27(b) of Narcotic Drugs
and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).
3. The brief facts of the prosecution case in nutshell
are as under;
On 19.05.2026, the de facto complainant received a
credible information that some persons were consuming Ganja,
a narcotic substance, near Kumbakona Plot Garden, Hubballi.
On the basis of the said information, the de facto complainant,
along with his sub-staff, proceeded to the spot, where they
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HC-KAR
NC: 2026:KHC-D:18163
CRL.P No. 102939 of 2026
CNR: KAHC020194682026
observed the alleged activities and noticed that two persons
were consuming Ganja. Hence, the de facto complainant and
his sub-staff apprehended the said persons and produced them
before the KIMS, hospital, Hubballi, for medical examination.
The Doctor in the said hospital, after examining the accused
persons had given a certificate stating that accused Nos.1 and
2 had tested Marijuna ‘positive’ for Ganja consumption.
Therefore, FIR was registered in Crime No.75/2026 for the
offence punishable under Section 27(b) of the NDPS Act.
Thereafter, the Investigating Officer conducted the
investigation and submitted the charge sheet against the
accused.
2. Being aggrieved by the registration of FIR in Crime
No.75/2026, the petitioner – accused No.1, is before this Court.
3. Learned counsel for the petitioner contended that
the petitioner is aged about 25 years and working in private
company, he has falsely implicated in the crime. Except, the
certificate issued by the doctor of KIMS, Hospital, Hubballi,
there is no material produced against him. Accordingly, learned
counsel for the petitioner prayed to allow the petition.
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NC: 2026:KHC-D:18163
CRL.P No. 102939 of 2026
CNR: KAHC020194682026
4. Learned High Court Government Pleader for
respondent – State contended that, the sample of urine of the
petitioner or any other persons, who were secured by the Police
were not forwarded to the Forensic Science Laboratory for the
purpose of examination. It shows that the prosecution has
placed reliance on the certificate issued by the KIMS Hospital,
Hubballi, in support of the allegation against the petitioner
contending that, he had consumed Narcotic Drugs. In fact, the
doctors in the KIMS Hospital is not a competent authority to
issue such certificate in proof of the allegations and in the
absence of the chemical examination from the Forensic Science
Laboratory, there cannot be any certificate that the urine of the
accused tested Marijuana positive. Hence, learned HCGP prayed
to dismiss the petition.
5. Perused the material available on record.
6. Before this Court proceeds further, it is just and
necessary analyze Section 27-B and 8A of NDPS Act, which
read as under:
27B. Punishment for contravention of Section
8A.- Whoever contravenes the provision of section 8A
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CRL.P No. 102939 of 2026
CNR: KAHC020194682026
shall be punishale with rigorous imprisonment for a term
which shall not be less than three years but which may
extend to then years and shall also be liable to fine.
8A. Prohibition of certain activities relating to
property derived from offence.—
(i) convert or transfer any property knowing that
such property is derived from an offence
committed under this Act or under any other
corresponding law of any other country or from
an act of participation in such offence, for the
purpose of concealing or disguising the illicit
origin of the property or to assist any person in
the commission of an offence or to evade the
legal consequences; or
(ii) conceal or disguise the true nature, source,
location, disposition of any property knowing that
such property is derived from an offence
committed under this Act or under any other
corresponding law of any other country; or
(iii) knowingly acquire, possess or use any property
which was derived from an offence committed
under this Act or under any other corresponding
law of any other country.
7. On perusal of the facts and circumstances of the
case and the above proposition of law, the ingredients of
Section 27B and 8A of NDPS Act are not attract at this
juncture.
8. Under such circumstances, continuation of the
criminal proceedings against the petitioner for the alleged
offence is futile abuse, which amounts to an abuse of process of
law. The petitioner is a private employee and if the criminal
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CRL.P No. 102939 of 2026
CNR: KAHC020194682026
proceedings are allowed to be continued against him, he is
likely to be put into great hardship. Moreover, the chance of
conviction against the petitioner is very remote and bleak. The
learned counsel for the petitioners vehemently contended that,
in the absence of a report from the Forensic Science Laboratory
(FSL), this court cannot come to the conclusion that the
substance allegedly consumed by the petitioner was a narcotic
drug or psychotropic substance. Under such circumstances the
Court proceed to pass the following:
ORDER
(i) The Criminal Petition is allowed .
(ii) The entire proceedings initiated against the
petitioner in C.C.No.1461/2026, pending on the
file of the Principal Civil Judge and JMFC,
Hubballi arising out of 75/2026 of Hubballi Sub-
Urban Police Station, for the offence punishable
under Section 27(b) of NDPS Act, 1985, insofar
as petitioner-accused No.1 is concerned, are
hereby quashed.
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HC-KAR
NC: 2026:KHC-D:18163
CRL.P No. 102939 of 2026
CNR: KAHC020194682026
In view of the disposal of this criminal petition, pending
applications, if any, do not survive for consideration and
accordingly the same are disposed of.
Sd/-
(VENKATESH NAIK T)
JUDGE
AM/-
CT-AN
List No.: 1 Sl No.: 28