LAWS(KAR)-2017-4-92

DORESWAMY T. Vs. STATE OF KARNATAKA

Decided On April 07, 2017
Doreswamy T. Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The petitioner is charge sheeted for the offences punishable under Section 20B of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act") in Cr.No.237/2015.

(2.) The petitioner/accused No.3 has sought to quash the entire proceedings now pending on the file of the Principal District and Sessions Judge at Mysuru in Special Case No.351/2016 mainly on two grounds. First, the respondent - Police have not followed the mandatory provisions prescribed in the NDPS Act. Second, the charge sheet discloses that the seized material was only flower and stems, but as per the NDPS Act, the ganja should consist of flowering tops. Since the seized flowers and stems cannot be separated from the flowering tops, the seized substance does not conform to the definition of ganja and hence, the charge-sheet filed by the respondent cannot be sustained under law and facts of the case.

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