Man Accused Of Supplying Ganja Gets Case Quashed By Karnataka HC After Co-Accused’s Acquittal Over 72-Hour Testing Lapse

In brief

The question

1. Whether the petitioner was entitled to have the proceedings against him quashed on parity with accused Nos. 1 and 2, who had been acquitted on the ground that the seized contraband was not sent for chemical analysis within 72 hours

The court held

The Court allowed the petition and quashed the proceedings against the petitioner in Crime No. 6/2020, subsequently numbered Special NDPS C.C. No. 15/2025, pending before the Principal District and Sessions Judge, Dharwad, for the alleged offence under Section 20(b)(ii)(B) of the NDPS Act.

It also directed

The pending interlocutory application was also disposed of as no longer surviving

01Facts

The petitioner, arraigned as accused No. 3, sought to quash proceedings under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”).

pp. 3–5 · ¶ 2, 4

The prosecution alleged that accused Nos. 1 and 2 were apprehended while carrying 1 kg 750 g of ganja and stated that they had obtained it from the petitioner.

pp. 3–5 · ¶ 2, 4

The police seized the contraband, took a 50 g sample, and registered the case.

pp. 3–5 · ¶ 2, 4

Accused Nos. 1 and 2 were subsequently acquitted after the trial court found that the seized ganja had not been sent for chemical analysis within 72 hours of seizure.

pp. 3–5 · ¶ 2, 4

The petitioner sought quashing on the basis of parity

pp. 3–5 · ¶ 2, 4

02Issues

i.1. Whether the petitioner was entitled to have the proceedings against him quashed on parity with accused Nos. 1 and 2, who had been acquitted on the ground that the seized contraband was not sent for chemical analysis within 72 hours

pp. 5–6 · ¶ 4–6

03Law Applied

The petition was brought under Section 482 of the Code of Criminal Procedure, 1973, corresponding to Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash proceedings for an offence under Section 20(b)(ii)(B) of the NDPS Act

p. 2

The Court relied on the principle attributed to *Mohanlal v. State of Punjab*, Criminal Appeal No. 1880 of 2011, as described in the judgment: that seized ganja must be sent for chemical examination within 72 hours of seizure

p. 5 · ¶ 4

It treated that principle as applicable to the petitioner because the same evidentiary defect had resulted in the acquittal of accused Nos. 1 and 2

p. 6 · ¶ 6

Provisions in the judgment · 2 · Linked ones open on LawLens

Code of Criminal Procedure, 1973 Section 482

Narcotic Drugs and Psychotropic Substances Act, 1985 Section 20

04Reasoning

The Court considered the petitioner’s parity argument alongside the trial court’s stated reason for acquitting accused Nos. 1 and 2.

pp. 5–6 · ¶ 5–6

It found that the failure to send the seized ganja for chemical analysis within 72 hours applied equally to the petitioner’s case, notwithstanding the State’s submission that the petitioner was alleged to be the seller and therefore stood on a different footing

pp. 5–6 · ¶ 5–6

On that basis, the Court concluded that the same principle warranted quashing the proceedings against him

p. 6 · ¶ 6