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2026 Supreme(Online)(Kar) 6715

THE HIGH COURT OF KARNATAKA
S.R. KRISHNA KUMAR, J
SRINIVASA MURTHY – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
For the Appellants/Petitioners: SRI. VINOD N.
For the Respondents: SMT.N. ANITHA GIRISH

Table of Content
1. petitioner seeks to quash charges against him. (Para 1 , 2)
2. arguments center on intentional cultivation vs. mere presence of plants. (Para 3 , 4 , 5)

ORAL ORDER

In this petition, petitioner seeks for the following reliefs:-

“ A. To allow the Criminal Petition.

B. To quash the entire proceedings against the petitioner i.e., Accused in SPL.C.No.802/2025 i.e., Crime No.39/2024-25/0502ie/050204 registered by the Nelamangala Range Excise PS for the offences punishable under 20(a), 20(b), (ii) (B), 25, 8(b) of NDPS Act, pending on the file of the VIII Addl. District & Sessions Judge and Special Judge for NDPS Cases at Bangalore Rural District, Bangalore (Annexure-D)

C. And grant such other relief or reliefs as this Hon’ble Court deems fit under the facts and circumstances of the case in the interest of justice and equity.”

2. Heard learned counsel for the petitioner and learned HCGP for the respondents and perused the material on record.

3. A perusal of the material on record comprising of the compliant, charge sheet material, statement of witnesses, documents etc., will clearly indicate that the alleged ganja plants were not segregated prior to weighing the same and charge

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