ASHOK @ NINGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and also the learned High Court Government Pleader for the respondent State. Perused the records.

(2.) The petitioner was arrayed as A2 originally in Special Case No.28/2007 on the file of the Principal Sessions Judge/Special Judge, Dakshina Kannada, Mangaluru, for the offence punishable under section 8(c) read with Section 20(b)(1) of the NDPS Act, 1985 .As this petitioner/A2, was not available to the Sessions Court, he was split up and a separate case has been registered against him in Special Case No.186/2017 on the basis of the split up charge sheet filed by Mangaluru South Police Station, Dakshina Kannada District.

(3.) The petitioner's counsel submits that the allegations made against a1 and A2 in Special Case No.28/2007 are one and the same and they are indivisible and inseparable in nature. Therefore, the benefit of acquittal has to be extended so far as this petitioner/A2 is concerned. The learned counsel further submits that no useful purpose would be served if the proceedings are continued against this petitioner, which is a waste of judicial time and pleads for quashing of the proceedings so far as this petitioner is concerned.