Karnataka HC Quashes Case Against Man Accused Of Ganja Use, Citing No FSL Test Of His Urine Sample

Police acted on information that persons were consuming ganja near Kumbakona Plot Garden, Hubballi, and apprehended the petitioner and another person.

A KIMS Hospital doctor issued a certificate stating that both had tested positive for marijuana consumption. No urine sample was sent to the Forensic Science Laboratory (FSL).

A charge sheet was filed, and proceedings in C.C. No. 1461/2026 were pending against the petitioner for an alleged offence under Section 27(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

The petitioner sought quashing under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 of the Code of Criminal Procedure).

The Court considered Section 27(b) of the NDPS Act, under which consumption of specified narcotic drugs or psychotropic substances is punishable, and Sections 27-B and 8A, which it set out in its discussion of the statutory scheme.

The Court treated the absence of an FSL report confirming the alleged drug consumption as material to whether the prosecution could proceed on the available evidence.

It applied its inherent jurisdiction under Section 482 Cr.P.C. (Section 528 BNSS) to prevent what it considered an abuse of process.

The Court noted that the prosecution had not forwarded the petitioner’s urine sample for FSL examination and relied instead on the KIMS Hospital doctor’s certificate stating that the petitioner had tested positive for marijuana consumption.

It concluded that, on the material before it, the ingredients of Sections 27-B and 8A were not attracted and that the absence of an FSL report left the prosecution case insufficient to justify continuing the proceedings against the petitioner.

It therefore considered the likelihood of conviction remote and continuation of the case an abuse of process.

Pending applications, if any, were disposed of.