MAHESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is charge sheeted for the offences punishable under sections 20(b)(ii)(B) and 20(a)(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act") in Cr.No.48/2016.

(2.) The petitioner/accused No.1 has sought for quashing the entire proceedings now pending on the file of the Principal District and Sessions Judge at Chamarajanagar in Special Case No.48/2016 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 only ganja leaves were seized by the respondent -Police. Leaves and seeds do not fall within the definition of "ganja". Hence, charge- sheet filed by the respondent is bad in law.

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