VIRENDRA KHANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has sought writ of certiorari for quashing proceedings against him in Spl. C.C. 529/2019 on the file of XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS cases, Bengaluru; supplementary charge sheet dtd. 1/3/2021 filed in Crime No. 588/2018 of Banasawadi Police Station, and the charge sheet including the supplementary charge sheet filed in connection with FIR in Crime No. 109/2020 of Cottonpet Police Station, Bengaluru.

(2.) The necessary facts for disposal of this writ petition are as below:-

(3.) In the last week of August 2020, there was a rumour in Mumbai, Bengaluru and other places that film actors and other celebrities were in the habit of consuming narcotic drugs. In this connection, on 2/9/2020, the Assistant Commissioner of Police, CCB, Bengaluru, namely Sri K.C. Gautam secured one B.K. Ravishankar and subjected him to interrogation. During interrogation, since it appeared that he revealed the name of the petitioner and stated that the latter was supplying ganja in the parties that he used to arrange at various places in Bengaluru, the petitioner came to be arrested on 4/9/2020 and remanded to the custody in connection with Crime No. 588/2018. If B.K. Ravishankar came to be arrayed subsequently as accused No. 4, the petitioner was arrayed as accused No. 5 in Crime No. 588/2018. A search was also conducted in the house of the petitioner at Bengaluru and certain articles came to be seized by drawing a mahazar on 8/9/2020. In the meantime, the Assistant Commissioner of Police Sri K.C. Gautam, submitted a suo-motu report to the Cottonpet police for registration of a separate FIR against twelve accused persons and accordingly, a fresh FIR in Crime No. 109/2020 was registered for the offences under sec. 21(c), 27(b), 27A, 29 and 21 of NDPS Act and sec. 120B of IPC. In this FIR, the petitioner was shown as accused No. 3. Charge sheet in connection with FIR 109/2020 was filed on 26/2/2021. Supplementary charge sheet was also filed later on.