SIDDARAJU Vs. STATE OF KARNATAKA & ANR

JUDGEMENT

(1.) The petitioner has sought to quash the criminal proceedings initiated against him in Crime No.15/2017, Rajajinagar Police Station for the alleged offence punishable under section 20(B)(1) of NDPS Act. According to the petitioner, F.I.R. was registered against two accused persons by name Nandish. H.J. (accused No.1) and Pramod. R.S. (accused No.2) alleging commission of offence punishable under section 20(B)(1) of the NDPS Act, 1985. On the basis of the voluntary statement of accused Nos.1 and 2, the petitioner herein is also implicated in the alleged offence and the name of the petitioner is shown in the remand application as accused No.3.

(2.) The petitioner has sought to quash these proceedings mainly on two grounds. First, the respondent - Police have not followed the mandatory provisions prescribed in the NDPS Act, 1985. Second, the remand application and the mahazar discloses that only ganja leaves were seized, but the ganja leaves do not fall within the definition of ganja as defined under the NDPS Act, 1985 and hence, the initiation of the proceedings against the petitioner is bad in law.

(3.) I have heard learned counsel for the petitioner and the learned Addl. S.P.P.