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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SACHIN SHANKAR MAGADUM
Krishna Kanta Sinha S/O Gopal Sena Sinha – Appellant
Versus
State Of Karnataka By Kodihalli Police Station – Respondent
ORAL ORDER :
The captioned petition is filed seeking quashing of the proceedings initiated against the petitioner in Spl.C. No.24/2024 for the offence punishable under Section 20 (a) of the NDPS Act.
2. The case of the prosecution is as under:
The complainant, who is working as a Police Sub-Inspector, received credible information that a ganja plant was being cultivated on the land in Sy.No.122/2, near the house of Rajiv K.Baphna situated in Kanakapura Taluk, Kodihalli Hobli, Rampuradodige Village. Acting upon the said information, he, along with other officials, conducted a raid on the said land. During the raid, one ganja plant measuring about 12 feet in height and weighing 6.570 kilograms was found amidst other vegetative growth. Based on this, the complainant lodged a report before respondent No.1, pursuant to which a crime was registered on 22.01.2024.
3. Upon completion of investigation, respondent No.1 filed a charge sheet naming the present petitioner as accused No.1.
4. Learned counsel for the petitioner, reiterating the grounds urged in the petition, contended that there is no material on record to establish that the petitioner had cultivated the seized ganja plant. He furthe
Evidence of conscious possession is essential to prove cultivation under the NDPS Act, and improper weighing procedures render prosecutions unsustainable.
Seizure of Ganja – For determining weight of Ganja, to bring under small or medium or commercial quantity, it cannot be bifurcated by removing seeds and leaves and it cannot be a ground for quashing ....
The central legal point established in the judgment is the interpretation and application of the NDPS Act, particularly in determining commercial quantity and entitlement to bail under Sec. 167(2) of....
The prosecution must establish the accused's intent regarding narcotic cultivation for bail refusals under NDPS Act.
Confessions to police officers are inadmissible; failure to follow mandatory procedures under the NDPS Act voids prosecution.
Quashing – It is duty of High Court to intervene where continuation of criminal proceedings would amount to abuse of process of law, or where dispute is purely of a civil nature and criminal colour h....
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