IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1006 OF 2020 (A)

BETWEEN:

STATE OF KARNATAKA BY ULLAL POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560001 …APPELLANT (BY SRI. B. LAKSHMAN, HCGP)

AND:

1. PILTER USMAN @ USMAN AGED ABOUT 37 YEARS, S/O ABDULLA, R/AT IRFAN MANZIL, MEHABOOB ROAD, ANANGOOR, KASARGOD, KERALA STATE-671123.

Digitally signed by

2. MAAMU @ MAMMU BEARY @

LAKSHMINARAYAN N L O o F c a K t A io R n N : A H T IG AK H A COURT MOHAMMAD BEARY AGED ABOUT 56 YEARS, S/O ISMAIL BEARY, R/AT BEHIND FALKAHA SCHOOL, HOSANAGAR, TALAPADY VILLAGE, MANGALORE TALUK-575001.

…RESPONDENTS (BY SRI. KETHAN KUMAR, ADV. FOR R2, R1 SERVED AND UNREPRESENTED.)

THIS CRL.A. IS FILED U/S.378(1) AND (3) CR.P.C PRAYING TO GRANT LEAVE TO FILE AN APPEAL AGAINST THE JUDGEMENT AND ORDER OF ACQUITTAL DATED 31.01.2019 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU IN SPL.C.NO.145/2018 FOR THE OFFENCE P/U/S 8(c) AND 20(b)(ii)(B) OF N.D.P.S. ACT AND ETC.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

ORAL JUDGMENT

The State has preferred this appeal against the judgment of acquittal passed by the Principal Sessions Judge/Special Judge, D.K., Mangaluru in Special Case.No.145/2018 dated

31.01.2019.

2. The parties to the proceedings would be referred to as per the rank held by them before the Trial Court.

3. The brief facts leading to this appeal are that, the Ullal Police have submitted the charge sheet against the accused for the offence under Sections 8(c) read with 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS Act’). It is alleged by the prosecution that on 25.11.2017 in the afternoon, CW.1–Vinayak Toragal, Police Sub-Inspector, had received credible information in the afternoon that by the side of National Highway-66 near Talapady Bus stand, two persons are indulged in sale of ganja. Therefore, CW.1 after bringing the said information to the notice of higher authorities, secured the presence of two Panchas CW.2 and CW.3 along with his other staff i.e., Head constables – CW.4–Mohan, CW.5-Girish, CW.6-Sudheer Shetty, CW.7-Sharief, CW.8-Reji V.J., and CW.9-Sunil, rushed to the said place and apprehended two persons who admitted possession of ganja. CW.1-PSI secured the presence of PW.3- A.C.P. – K.Rama Rao and in his presence effected seizure of contraband under Mahazar Ex.P1 with mobile and cash possessed by them. Thereafter, he has produced the accused before the SHO and submitted report as per Ex.P2. On the basis of that report, case was registered in Crime.No.511/2017. After investigation, Investigating Officer has submitted the charge sheet against the accused under Section 8(c) and

20(b)(ii)(B) of NDPS Act.

4. After filing of the charge sheet, accused No.1 was sent to judicial custody and accused No.2 was granted regular bail by the Trial Court.

5. The Trial Court on hearing the charges, framed the charges for the alleged commission of offences, same was read over and explained to the accused. Having understood the same, the accused pleaded not guilty and claimed to be tried.

6. To prove the guilt of the accused, 3 witnesses were examined as PW.1 to PW.3 and 20 documents were marked as Ex.P1 to P20. Six material objects were marked as M.Os.1 to 6. On closure of prosecution side evidence, Statement under Section 313 of Cr.P.C., was recorded. Accused have totally denied the evidence of prosecution witnesses. But they have not chosen to lead any defence evidence on their behalf.

7. Having heard the arguments on both sides, Trial Court has acquitted the accused. Being aggrieved by the Judgment of Acquittal, the State has preferred this appeal. 8. Learned HCGP Sri B. Lakshman for the State, would submit that the impugned Judgment and order of acquittal passed by the Trial judge is contrary t