HANUMANTHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners/accused 1 and 2 are knocking at the doors of this Court in the subject petition calling in question proceedings in C.C.No.8250 of 2021 pending before the II Additional Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru arising out of crime No.227 of 2019 registered for offences punishable under Sec. 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('the Act' for short).

(2.) Facts, in brief, adumbrated are as follows:- The 2nd respondent is the complainant, a police officer who was on probation at the relevant point in time and had not yet been confirmed in service. A complaint comes to be registered by the 2nd respondent against the petitioners. The gist of the complaint is that the complainant receives information through a credible informant that few persons are consuming ganja near Krupanidhi College within the jurisdiction of Varthur Police Station. The complainant is said to have informed the higher officials and is said to have caught the petitioners consuming ganja by exchanging chimneys. Therefore, a complaint comes to be registered for offence punishable under Sec. 27 of the Act. As necessary in law, blood samples of these petitioners were drawn, as the fulcrum of the complaint was consumption of ganja. It is opined by the Forensic Science Laboratory ('FSL') on testing of blood sample that the blood did not contain any contraband substance - ganja. After receipt of FSL report, the 2nd respondent files the charge sheet against these petitioners for offence punishable under Sec. 27 of the Act. Filing of the charge sheet, cognizance being taken and issuance of summons to these petitioners is what has driven them to this Court in the subject petition.

(3.) Heard Sri V. Shashi Kiran, learned counsel appearing for petitioners and Sri B.N. Jagadeesha, learned Additional State Public Prosecutor appearing for respondents 1 and 2.