CRL.P/7532/2019 of DR ANUP SURESH Vs THE STATE OF KARNATAKA on 19 September 2026

ORAL ORDER

Heard learned counsels appearing for the petitioners and learned Additional SPP appearing for the respondent/State.

2. This Court heard the matter on the previous occasion and given an opportunity to learned High Court Government Pleader for the respondent/State to make submission with regard to compliance of Section 42 of Narcotic Drugs And Psychotropic Substances Act, 1985 (‘NDPS Act’ for short), since raid was conducted at 10.30 p.m. after the sunset. The petitions are filed by petitioners, who are arrayed as accused Nos.4, 3 and 2 respectively for quashing the proceedings initiated against them in Crime No.3/2019 of Vidyanagara Police Station, Davanagere, for the offence

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punishable under Section 27 of the NDPS Act, pending on the file of I Addl. Civil Judge (Sr. Dn.) and JMFC Court, Davanagere.

2. The factual matrix of case of the prosecution is that raid was conducted by taking the search warrant on 04.01.2019 at 10.45 p.m., by P.I., CEN Police Station on the House No.4162/21 situated at 12th Cross, 4th main having received the information that some persons are consuming narcotic substance and based on that, apprehended these petitioners and conducted spot mahazar and it was ganja weighing 240 grams worth of Rs.8,000/- and seized the same. Having seized the same, sent the same for FSL and FSL report confirmed that it is ganja. But, the persons, who are apprehended were subjected to medical examination. Hence, invoked the offence under Section 27 of NDPS Act.

3. Learned counsel appearing for the petitioner in Crl.P.No.7654/2019 would vehemently contend that while conducting the raid and also having conducted the raid, they have not complied the provisions of Section 42 of the NDPS Act. Apart from that, in order to invoke Section 27 of NDPS Act,

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the material collected does not constitute the offence under Section 27 of the NDPS Act. The counsel also vehemently contend that alleged raid is also against the provisions of Section 154 of Cr.P.C. The counsel also would vehemently contend that the alleged raid was conducted on 04.01.2019 and the same is also against the mandatory provisions of Sections 41, 42, 43 and 50 of the NDPS Act. The counsel also vehemently contend that the accused persons are medical students/Doctors. The alleged contraband substance according to the respondent-State was weighing 240 grams but, not complied with the procedure established under the NDPS Act. Hence, it requires interference.

4. Learned counsel appearing for the petitioners in other petitions also reiterated the grounds urged in the petition in Crl.P.No.7654/2019 and prays for quashing the FIR.

5. Learned Additional SPP appearing for the respondent/State would submit that, in order to attract Section 27 of NDPS Act, the petitioners were subjected to medical examination and he would fairly submit that the report is negative and also with regard to compliance of Section 42 of

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NDPS Act is concerned, he brought to notice of this Court issuance of search warrant, but not placed any material with regard to compliance of Section 42(2) of NDPS Act to communicate the same to Higher Officer, even if raid is conducted in the absence of the Gazetted Officer. But, the raid is conducted by the Police Inspector and no Gazetted Officer was present at the time of the conducting of raid.

6. Having heard learned counsels appearing for the petitioners and learned Additional SPP appearing for the respondent/State and though grounds urged by the learned counsel for the petitioners that no compliance of Section 50 of NDPS Act and question of compliance under Section 50 of NDPS Act does not arise, since the same is not a personal search and Section 50 of NDPS Act attracts if it is a personal search. But, found 240 grams of ganja with the petitioners, who were found at the spot. But when there is no compliance under Section 42(2) of NDPS Act as well as when the report is negative with regard to consumption is concerned and unless, the report is positive, the question of facing trial for the offence under Section 27 of the NDPS Act does not arise. In view of the

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material available before the Court as well as the grounds which have been urged and there is no compliance of Section 42 of NDPS Act, the petitioners are entitled for the benefit of quashing invoking Section 482 of Cr.P.C.

7. In view of the discussions made above, I pass the following:

ORDER

(i) The petitions are allowed.

(ii) Consequently, the proceedings initiated against the petitioners in Crime No.3/2019 of Vidyanagara Police Station, Davanagere, for the offence punishable under Section 27 of the NDPS Act, pending on the file of I Addl. Civil Judge (Sr. Dn.) and JMFC Court, Davanagere, are hereby quashed.

Sd/- (H.P.SANDESH) JUDGE

ST List No.: 1 Sl No.: 8