Inconclusive chemical reports lacking THC percentage render charges under the NDPS Act void, necessitating case dismissal and quashing of proceedings.

ORAL ORDER

In this petition, the petitioner seeks the following reliefs:

(1) To quash the FIR registered in FIR No.9/2022-23/3002DYSE/300215 for offence U/S 20(b)(ii)(c), 25, 8(C) at Annexure-B as illegal and abuse of process of law.

(2) To Quash the Charge Sheet filed by Respondent No.1 which is registered as Spl.C.No.249/2023 on the file of Hon’ble Principal District and Sessions Judge, Tumakuru in FIR No. 9/2022-23/3002DYSE/300215 on the file of Respondent No.1 for offence U/S 20(b)(ii)(c), 25, 8(C) as per Annexure-C as abuse of process of law.

(3) To set aside the order of cognizance dated 07.02.2023 and issue of process dated 09.02.2023 passed in Spl.C.No.249/2023 for offence U/S 20(b)(ii)(c), 25, 8(C) on the file of Hon’ble Principal District and Sessions Judge, Tumkur as per Annexure-D as illegal and abuse of process of law.

(4) To set aside the Order dated 26.03.2024 in rejecting discharge application passed in Spl.C.No.249/2023 on the file of Hon’ble Principal District and Sessions Judge, Tumkur as per Annexure-K as illegal and abuse of process of law.

(5) Consequently, to quash the entire proceedings pending in Spl.C.No.249/2023 on the file of Hon’ble Principal District and Sessions Judge, Tumkur which is arising out of FIR No. 9/2022- 23/3002DYSE/300215 for offence U/S 20(b)(ii)(c), 25, 8(C) on the file of Respondent’s as per Annexure-B (FIR), Annexure-C (Charge sheet), Annexure-D order of taking cognizance and issue of process and Annexure-K order rejecting discharge application, as an abuse of process of law.

(6) To grant reasonable compensation for the illegal arrest of petitioner on 05.08.2022 and got remanded him to Judicial Custody on 06.08.2022 and illegally detained in Prison till 17.08.2022 in FIR No.9/2022-23/3002DYSE/300215 on the file of Respondent No.2 which resulted violation of his fundamental right guaranteed under article 21 of the constitution, and

(7) To grant such other relief or reliefs as this Hon’ble Court deems fit to grant, in the facts and circumstances of the case, in the interest of justice.”

2. A perusal of the material on record will indicate that on 05.08.2022, the 2^nd respondent – Dy.S.P. conducted a raid of the petitioner’s shop M/s.Rakesh Zarda Agency and seized 7 plastic bags containing chocolates by name “Atul Munnakka” to an extent of 51.470 Kgs and arrested the petitioner, who was subsequently released on bail vide order dated 17.08.2022 passed in Crl.Misc.No.1187/2022. On 18.08.2022, the Investigating Officer / Excise Inspector did an Inventory and drew samples of the seized items and forwarded the same for chemical analysis to the Central Chemical Laboratory (for short ‘CC Laboratory’), Department of Excise, Bangalore, on 24.08.2022. The said Laboratory submitted a report dated 20.09.2022 interalia stating that as per the two types of colour test conducted by it, the samples had tested ‘positive’ for having contained cannabis and rendered an opinion that the samples are confirmed as ‘genus of cannabis (ganja)’.

3. Subsequently, on 04.02.2023, the Investigating Officer submitted a requisition to the aforesaid Laboratory seeking a proper report as to the quantity, percentage etc., of THC (Tetra Hydro Cannabinol) contained in the samples and their effect on the human body so as to ascertain whether the samples contained ganja or not for the purpose of filing the charge sheet. The said CC Laboratory submitted a reply dated 04.02.2023 interalia stating that the percentage of THC in the samples cannot be ascertained, since necessary equipment in this regard was not available to arrive at a conclusion as to whether ganja was found in the mixed chocolates.

4. Thereafte