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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R. Krishna Kumar
Sadiq Pasha, S/o Ajas Pasha – Appellant
Versus
State Of Karnataka by Lashkar Police Station – Respondent
ORDER :
S.R. Krishna Kumar, J.
In this petition, petitioner No.2 seeks quashing of the criminal proceedings, pursuant to registration of FIR in Crime No. 30/2025 by respondent No.1 – Police, pending on the file of Principal District and Sessions Judge, Mysuru for the office punishable under section 20(b)(ii)C of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “the NDPS Act”).
2. Heard learned counsel for the petitioner and learned HCGP for respondents and perused the material on record.
3. Respondent No.2- Complainant/ Police Officer lodged a complaint on 01.05.2025 against the petitioner-accused No.3 as well as Mithun Dhali – accused No.1 and Babula Madi - accused No.2, on the subject matter being 32.15 Kg of ganja was seized from the custody and possession of accused No.1 and 2 on 01.05.2025 and based on the alleged statement made by the aforesaid accused No.1 and 2, the petitioner was arrayed as accused No.3.
4. Learned counsel for the petitioner submits that in the light of the undisputed fact that the subject matter of the proceedings/32.15 Kg of ganja was not seized from the custody of the petitioner-accused No.3, the testimony of the co-accused Mithun Dhali -
Confessional statements of co-accused, without corroboration, cannot sustain criminal charges against another accused under the NDPS Act.
Confessional statements of co-accused, lacking corroborative evidence, cannot establish guilt against another accused under the NDPS Act, resulting in quashing of proceedings.
Confessional statements under Section 67 of the NDPS Act are inadmissible without corroboration, leading to quashing of proceedings against the accused.
Confessional statements made to officers under the NDPS Act are inadmissible, and mere dock identification is insufficient for conviction.
Confessions of co-accused are inadmissible against another accused without corroborative evidence, leading to quashing of proceedings due to lack of substantive evidence.
Confessional statements of co-accused are inadmissible under Section 67 of the NDPS Act, making them insufficient to continue proceedings against another accused without corroborative evidence.
A discharge application must be allowed if the prosecution's evidence, particularly confessions of co-accused, is inadmissible and no other corroborative evidence is present.
Confessions of co-accused alone are insufficient for conviction; substantive evidence is necessary for criminal charges to proceed.
Confessions from co-accused are inadmissible under the Act, rendering prosecutions based on them abusive if not supported by additional evidence.
Confessions of co-accused before police are inadmissible as evidence, necessitating physical evidence for charges under narcotics laws.
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