ORDER

1. This petition is filed under Section 482 of the Code of Criminal Procedure with a prayer to quash the entire proceedings in Crime No.1/2023 pending before the Court of III Additional Civil Judge and JMFC, Kadur registered for the offence punishable under Section 27B of Narcotic Drugs and Psychotropic Substances Act, 1985 by Birur Police Station.

2. Heard the learned counsel for the partiers.

3. The FIR in Crime No.1/2023 was registered based on the report dated 04.01.2023. It is averred in the report that when the first informant who is a police officer was on duty on 04.01.2023 at about 11.00 a.m., he noticed a person was behaving abnormally. The first informant therefore apprehended the said person and produced him before the Government Hospital at Birur Town, Kadur Taluk for medical examination and the doctor in the said hospital after examining the said person had given a certificate that the urine of the said person had tested positive for Marijuana. Thereafter FIR in Crime No.01/2023 was registered. Being aggrieved by the registration of FIR in Crime No.1/2023, the petitioner is before this Court.

4. Learned counsel for petitioner submits that the petitioner is a student aged about 19 years, he has been falsely implicated in the present case. Except the certificate issued by the doctor of Government Hospital, Birur, there is no material produced against him. Accordingly, prays to allow the petition.

5. This Court on the last date of hearing had directed the learned HCGP to secure the FSL Report if any with regard to the urine test of the petitioner who has been arrayed as accused in Crime No.1/2023. The learned HCPG on instructions submits that the sample of urine of the petitioner was not forwarded to forensic Science laboratory for the purpose of chemical examination.

6. The prosecution has placed reliance on the certificate issued by the Government Hospital at Birur in support of its allegations against the petitioner that he had consumed narcotic drugs. The doctor in the Government Hospital is not a competent authority to issue any certificate in proof of the allegations and in the absence of chemical examination in a forensic laboratory, there cannot be any certificate that the urine of the accused had tested Marijuana- positive. Under the circumstances, contention of the criminal proceedings against the petitioner for the alleged offence is futile abuse which amounts to abuse of process of law. The petitioner is a student and if the criminal proceedings are allowed to be continued against him, he is likely to be put into greater hardship. Under the circumstances, I proceed to pass the Order in exercise of the power conferred under Section 482 of Cr.P.C. and quash the impugned proceedings.

7. Accordingly, I pass the following :

ORDER

(i) Criminal Petition is allowed.

(ii) The entire proceedings in Crime No.1/2023 pending before the III Additional Civil Judge and JMFC, Kadur registered for the offence punishable under Section 27B of Narcotic Drugs and Psychotropic Substances Act, 1985 by Birur Police Station is hereby quashed.