Karnataka High Court
CRL.A/1146/2024 of THE STATE BY Vs Ashlesh on 17 September 2026
CNR: KAHC010319622024 NC: 2026:KHC:51096 CRL.A No. 1146 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1146 OF 2024 ( A ) BETWEEN: THE STATE BY INSPECTOR OF POLICE, ECONOMIC AND
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 1146 OF 2024 (A)
BETWEEN:
THE STATE BY
INSPECTOR OF POLICE,
ECONOMIC AND NARCOTIC
CRIME POLICE STATION, MANGALURU
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING
BENGALURU - 560 001
…APPELLANT
(BY SRI. K. NAGESHWARAPPA, HCGP)
AND:
1.
ASHLESH
AGED ABOUT 33 YEARS,
S/O ASHOKA,
R/AT ADARSHA, GANESH NAGAR,
JEPPINAMOGARU,
MANGALURU - 575 007
2.
SAHIL
AGED ABOUT 22 YEARS,
S/O ALTE SAIFUDDIN,
R/AT SOURABHA,
NEAR 1ST RAILWAY ROAD,
Digitally
signed by
SHILPABAI S
Location:
HIGH COURT
OF
KARNATAKA
HC-KAR
MARNAMIKATTE,
MANGALURU - 575 007
3.
NAUSHAD AUL KOLI
AGED ABOUT 33 YEARS
S/O LATE A K MOOSA
R/AT DOOR NO.15-8-4230/45
FLAT NO.1201, INLAND EBONY
NEAR SYNDICATE BANK, KADRI
MANGALURU - 575 007
…RESPONDENTS
(BY SRI. VIKRAM RAJ A., ADVOCATE FOR R1 & R2)
THIS CRL.A.IS FILED U/S.378(1) AND (3) CR.P.C BY THE
STATE P.P. FOR THE STATE PRAYING TO a) GRANT LEAVE TO
FILE AN APPEAL AGAINST THE JUDGEMENT AND ORDER DATED
24.06.2023 IN SPL.C.NO.103/2021 AND 118/2021 PASSED BY
THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU, THEREBY
ACQUITTING
THE
ACCUSED/RESPONDENT FOR THE OFFENCE P/U/S 21 AND
21(c) OF N.D.P.S. ACT. b) SET ASIDE THE AFORESAID
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JUDGMENT
AND
ORDER
DATED 24.06.2023 IN SPL.C.NO.103/2021 AND 118/2021 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU, THEREBY ACQUITTING THE ACCUSED/RESPONDENT FOR THE OFFENCE P/U/S 21 AND 21(c) OF N.D.P.S. ACT. c) CONVICT AND SENTENCE THE ACCUSED/RESPONDENT FOR THE OFFENCE P/U/S 21 AND 21(c) OF N.D.P.S. ACT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
HC-KAR
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL JUDGMENT
The appellant filed application-I.A.No.1/2024 under Section 5 of the Limitation Act to condone the delay of 257 days in filing the appeal.
2. This application is supported with the affidavit of L.M.Yelsangikar, the Deputy Director of prosecution in which he has stated that the impugned judgement and order under challenge was passed by the Hon'ble Principal District & Sessions Judge Court, Dakshina Kannada, Mangalore District in Spl.C.Nos.103/2021 & 118/2021, dated 24.06.2023. The concerned public prosecutor applied for the copy of the judgement on 26.06.2023 and the same was ready and obtained on 13.07.2023 and forwarded his opinion to the Law Officer (Sr.) Mangalore Division on 18.07.2023. The Law Officer (Sr.) Mangalore, received the opinion of the said Public Prosecutor on 21.07.2023 and forwarded his opinion to IGP Mangalore
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on 25.07.2023 and the IGP Mangalore concurring with the opinion of Law Officer (Sr.), Mangalore, in turn furnished the entire records on 24.08.2023, to office of the Director of prosecution, which was received on 29.11.2023. Sri M.Nagesh, the Law Officer (Jr.), office of the Director of prosecution, furnished his opinion on 16.12.2023 and forwarded the same to the deponent and the deponent holding the case as fit for appeal, furnished her opinion on same day and under a covering letter of Director of Prosecution the entire records sent to the Hon'ble Prl. Secretary Home Government of 19.12.2023. The Prl. Secretary Home, also concurred and recommended through his order bearing No.H.D.14985:HCP-1:2023, Bangalore dated 16.04.2024, Bengaluru, to prefer an appeal and forwarded the file to the office of Advocate General, Hon'ble High Court of Karnataka Bengaluru. In view of the procedural aspects routing the opinion through the above said offices, there is an inevitable delay in preferring this appeal and thus, the delay of 257 days
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accrued, which deserves to be condoned. Therefore, sought for allowing of the application.
3. A perusal of para No.23 of the Judgment, the trial Court has observed that the Investigating Officer has failed to comply with the mandatory provisions of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act'). The trial Court has also relied on decision of the Hon'ble Apex Court in the case of STATE OF RAJASTHAN VS. PARMANAND AND ANR. reported in (2014) 5 SCC 345 and also in the case of KASHMIRI LAL VS. STATE OF HARYANA reported in (2013) 6 SCC 595. Though the trial Court has acquired the accused for non- compliance of mandatory provisions of NDPS Act with the decision of the Hon'ble Apex Court, it is alleged in the affidavit that the concerned officers have given opinion that it is fit for appeal. The opinion given by the concerned officers are not placed before this Court. Accordingly, the State has failed to place sufficient cause to condone the delay of 257 days in filing this appeal.
HC-KAR
4. Hence, I proceed to pass the following:
ORDER
i. The Criminal Appeal is dismissed. ii. Consequently, I.A.No.1.2024 is dismissed.
Sd/- (G BASAVARAJA) JUDGE
SSB