Sanjaynagar Ps vs Kumar T on 14 July, 2026

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    Bangalore District Court

    Sanjaynagar Ps vs Kumar T on 14 July, 2026

                                    1         SPL.C. No.1754/2022
    
    
    
    KABC010208122022
    
    
    
    
                              Presented on    : 30-07-2022
                              Registered on   : 30-07-2022
                              Decided on      : 14-07-2026
                              Duration: 03 years, 11 months, 15 days.
    
    IN THE COURT OF THE XXXIV ADDITIONAL CITY CIVIL AND
     SESSIONS JUDGE AND SPECIAL JUDGE, (NDPS), (CCH -35),
                        BENGALURU.
        Present:         Sri. Ananda, B.A.L., LL.B., LL.M.
                   XXXIV Addl. City Civil & Sessions Judge and
                      Special Judge, (NDPS), Bengaluru.
                      Dated this the 14th day of July 2026
    
                                SPL.C No. 1754/2022
    
    Complainant           :     State by
                                Sanjayanagara Police Station,
                                Bengaluru.
                                (Rep. By Learned Public Prosecutor)
    
                                V/s.
    Accused               :1    Kumar. T,
                                S/o. V. Tangaraju,
                                Aged about 55 years,
                                R/a.No.15-553/A,
                                Saravanapuram,
                                Veluru Road, Chittoor,
                                Chittoor District,
                                Andhra Pradesh.
    
                                 (By Sri. P.K., Advocate)
                                      2                SPL.C. No.1754/2022
    
    
    
    
    ::CHRONOLOGY OF EVENTS AND CASE PARTICULARS::
    
    1. Date of commission of offence        : 07-02-2022
    
    2. Date of Report of occurrence         : 07-02-2022
    
    3. Name of the complainant              : Sri. Balaraju. G (P.I)
    
    4. Offences Complained of               : U/s.20(b) of NDPS Act.
    
    
    5. Date of arrest of Accused            : 08-02-2022
    
    6. Date of release                      :     04-03-2022
    
    7. Period of custody                    : Day/s            Month/s Year/s
    
                                                   27           00           00
    
    
    8. Date of commencement of trial        : 18-02-2025
    
    9. Date of Closing of trial                 : 27-04-2026
    
    10.Opinion of the Judge                     : As per final order.
    
                                    *****
    
                             ::J U D G M E N T:

    :

    The present charge sheet has been filed by PSI of

    Sanjayanagara Police Station, Bangalore City against accused for

    the offence punishable under Section U/s.20(b) of NDPS Act.
    3 SPL.C. No.1754/2022

    2. The brief narrative of the prosecution’s case reveals the

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    following key facts:

    On 07.02.2022 at about 3.00 p.m., while C.W.1 was present

    in the police station, he received credible information that an

    unidentified person was illegally selling ganja near S.L.V. Bakery,

    2nd Cross, K.G.E. Layout, New BEL Road, within the limits of

    Sanjayanagar Police Station. On receipt of the said information,

    C.W.1 secured permission from C.W.11 to conduct a raid.

    Thereafter, C.W.1, along with panch witnesses C.W.2 and C.W.3

    and police officials C.W.4 to C.W.7, proceeded to the place

    mentioned in the information and reached there at about 3.40

    p.m.

    According to the prosecution, the raiding party noticed the

    accused standing near S.L.V. Bakery carrying a blue college bag,

    taking out some substance from the bag, handing it over to

    customers and collecting money from them. In order to verify the

    information, C.W.1 deputed C.W.7 as a decoy customer to

    approach the accused and pretend to purchase ganja. After

    interacting with the accused, C.W.7 signalled by raising his left

    hand, thereby confirming the information received.
    4 SPL.C. No.1754/2022

    Thereafter, at about 3.50 p.m., C.W.1, in the presence of

    panch witnesses C.W.2 and C.W.3 and with the assistance of

    C.W.4 to C.W.6, conducted a raid and apprehended the accused.

    During enquiry, the accused is alleged to have disclosed that, with

    the intention of earning more money, he had purchased 2

    kilograms of ganja from one Hari of Andhra Pradesh at the rate of

    Rs.10,000/- per kilogram and had come to Bengaluru to sell the

    same to college students.

    It is further alleged that C.W.11 was secured to the spot, and

    on search of the accused, the police seized 1 kilogram and 920

    grams of ganja, eight small plastic covers, one blue college bag and

    cash of Rs.1,000/- from his possession under a seizure mahazar.

    Thereafter, the accused along with the seized articles was brought

    to the police station. On the basis of the complaint submitted by

    C.W.1, C.W.12 registered the case, entered the seized properties in

    Property Register No.14/2022 and forwarded the seized ganja to

    the Forensic Science Laboratory, Madivala, for chemical

    examination. C.W.9, the Scientific Officer of the Forensic Science

    Laboratory, after examination of the seized substance, issued the

    report opining that (i) the sample tested positive for Cannabis
    5 SPL.C. No.1754/2022

    (Ganja), and (ii) cannabis contains psychoactive constituents. On

    the basis of the investigation and the material collected, the

    prosecution has alleged that the accused has committed the

    offence punishable under Section 20(b) of the Narcotic Drugs and

    Psychotropic Substances Act, 1985.

    3. Accused was enlarged on bail. After compliance with the

    provisions of Section 207 of Criminal Procedure Code, copies of

    the charge sheet and other prosecution papers were furnished to

    the accused. Upon hearing the learned Public Prosecutor and the

    learned counsel for the accused and on perusal of the charge

    sheet material, this Court found sufficient grounds to presume

    that the accused had committed an offence punishable under

    Section 20(b) of the Narcotic Drugs and Psychotropic Substances

    Act, 1985. Accordingly, charge was framed and read over and

    explained to the accused in the language known to him. The

    accused pleaded not guilty and claimed to be tried.

    4. In order to establish its case, the prosecution examined

    four witnesses as P.W.1 to P.W.4, got marked sixteen documents as

    Ex.P.1 to Ex.P.16 and produced four material objects identified as

    M.O.1 to M.O.4.

    6 SPL.C. No.1754/2022

    5. After closure of the prosecution evidence, the statement of

    the accused under Section 313 of Criminal Procedure Code was

    recorded. The incriminating circumstances appearing in the

    evidence of the prosecution witnesses were put to the accused in

    the language known to him. The accused denied all such

    incriminating circumstances and did not choose to adduce any

    oral or documentary evidence in defence.

    6. Heard the arguments advanced by the learned Public

    Prosecutor for the prosecution and the learned counsel appearing

    for the accused. Perused the oral and documentary evidence

    available on record.

    7. The learned public Prosecutor has vehemently argued that

    the prosecution the prosecution has proved the guilt of the

    accused beyond all reasonable doubt through the cogent and

    consistent evidence of P.Ws.2 to 4. It is contended that P.W.2 has

    spoken in detail regarding the receipt of credible information,

    obtaining prior permission from the Assistant Commissioner of

    Police, securing panch witnesses, proceeding to the spot, deputing

    a decoy customer, apprehending the accused and seizing 1

    kilogram 920 grams of ganja from his conscious possession. His
    7 SPL.C. No.1754/2022

    testimony is fully corroborated by the documentary evidence at

    Exs.P.4 to P.8.

    8. It is further submitted that P.W.4, the Gazetted Officer, has

    independently corroborated the evidence of P.W.2 regarding the

    permission granted for the raid, her presence at the spot,

    compliance with Section 50 of the NDPS Act, obtaining the written

    consent of the accused under Ex.P.16 and the recovery of the

    contraband from the possession of the accused. Her evidence

    lends complete assurance to the prosecution case.

    9. It is further argued that P.W.3 has proved the subsequent

    investigation by registering the FIR, producing the seized articles

    before the Court, obtaining certification of the inventory,

    forwarding the representative samples for chemical examination

    and filing the charge sheet. The FSL Report at Ex.P.12 conclusively

    establishes that the seized substance is ganja. The defence has

    not disputed the genuineness of the FSL Report, which was

    marked with consent. The learned Public Prosecutor further

    contended that although P.W.1, the panch witness, has turned

    hostile, the prosecution case does not fail on that ground alone. It

    is argued that conviction can legally be based on the trustworthy
    8 SPL.C. No.1754/2022

    evidence of official witnesses when their evidence is found to be

    reliable and inspires confidence. It is submitted that the evidence

    of P.Ws.2 to 4 is natural, consistent and free from material

    contradictions and has remained unshaken during cross-

    examination.

    10. It is further contended that the prosecution has

    established due compliance with Sections 42, 50 and 52-A of the

    NDPS Act. The Station House Diary entry, prior permission to

    conduct the raid, written requisition for personal search, consent

    of the accused and certification of the inventory clearly

    demonstrate compliance with the statutory safeguards. Therefore,

    it is prayed that the accused be convicted for the offence

    punishable under Section 20(b)(ii)(B) of the NDPS Act.

    11. Per contra, the learned Counsel for the accused has

    vehemently argued that the prosecution has utterly failed to

    establish the guilt of the accused beyond reasonable doubt. It is

    argued that P.W.1, who is the independent seizure mahazar

    witness, has completely disowned the prosecution case by denying

    the seizure, the mahazar proceedings and even his presence at the

    spot. According to the counsel, the entire case is based only on the
    9 SPL.C. No.1754/2022

    interested testimony of police officials and, in the absence of

    independent corroboration, it would be unsafe to base a conviction

    solely on their evidence.

    12. It is further contended that no complaint was received

    from any member of the public and the prosecution case is stated

    to have originated only on the basis of alleged credible

    information. The counsel submits that no independent person

    from the locality was secured to witness the raid or the seizure,

    though the alleged incident took place in a public place during

    daytime. The learned counsel further argued that there are

    procedural irregularities in the investigation and that the

    mandatory safeguards under the NDPS Act have not been strictly

    complied with. It is contended that the prosecution has failed to

    establish the search and seizure in the manner alleged and that

    the accused has been falsely implicated by the police. It is also

    argued that the prosecution has failed to prove conscious

    possession of the alleged contraband beyond reasonable doubt. It

    is further contended that the evidence of P.Ws.2 to 4 suffers from

    material omissions and improvements and that the possibility of

    false implication cannot be ruled out. The learned counsel
    10 SPL.C. No.1754/2022

    submitted that the alleged seizure, investigation and recovery are

    doubtful and that the benefit of every reasonable doubt must go to

    the accused. On these grounds, it is prayed that the accused be

    acquitted from the alleged offence punishable under Section 20(b)

    (ii)(B) of the NDPS Act.

    13. The following points that arise for my consideration are:

    1. Whether the prosecution proves beyond

    reasonable doubt that on 07.02.2022 at about

    3.50 p.m., near S.L.V. Bakery, 2nd Cross, New BEL

    Road, RMV 2nd Stage, within the limits of

    Sanjayanagar Police Station, Bengaluru City, the

    accused was found in conscious and unlawful

    possession of 20 grams of ganja each packed in

    four plastic covers (totalling 80 grams) and 1

    kilogram 840 grams of ganja kept in a plastic cover

    inside a bag, aggregating to 1 kilogram 920 grams

    of ganja, without any valid licence or authority,

    and thereby committed an offence punishable

    under Section 20(b)(ii)(B) of the Narcotic Drugs and

    Psychotropic Substances Act, 1985?

    11 SPL.C. No.1754/2022

    2. What order?

    14. My finding to above points is as under:

    Point No.1 :- In the Affirmative,

    Point No.2 :- As per final order below, for the following:

    ::R E A S O N S::

    15. Point No.1:- It is the case of prosecution on 07.02.2022 at

    about 3.00 p.m., while C.W.1 was present in the police station, he

    received credible information that an unidentified person was

    illegally selling ganja near S.L.V. Bakery, 2 nd Cross, K.G.E. Layout,

    New BEL Road, within the limits of Sanjayanagar Police Station.

    On receipt of the said information, C.W.1 secured permission from

    C.W.11 to conduct a raid. Thereafter, C.W.1, along with panch

    witnesses C.W.2 and C.W.3 and police officials C.W.4 to C.W.7,

    proceeded to the place mentioned in the information and reached

    there at about 3.40 p.m.

    According to the prosecution, the raiding party noticed the

    accused standing near S.L.V. Bakery carrying a blue college bag,

    taking out some substance from the bag, handing it over to

    customers and collecting money from them. In order to verify the

    information, C.W.1 deputed C.W.7 as a decoy customer to
    12 SPL.C. No.1754/2022

    approach the accused and pretend to purchase ganja. After

    interacting with the accused, C.W.7 signalled by raising his left

    hand, thereby confirming the information received.

    Thereafter, at about 3.50 p.m., C.W.1, in the presence of

    panch witnesses C.W.2 and C.W.3 and with the assistance of

    C.W.4 to C.W.6, conducted a raid and apprehended the accused.

    During enquiry, the accused is alleged to have disclosed that, with

    the intention of earning more money, he had purchased 2

    kilograms of ganja from one Hari of Andhra Pradesh at the rate of

    Rs.10,000/- per kilogram and had come to Bengaluru to sell the

    same to college students.

    It is further alleged that C.W.11 was secured to the spot, and

    on search of the accused, the police seized 1 kilogram and 920

    grams of ganja, eight small plastic covers, one blue college bag and

    cash of Rs.1,000/- from his possession under a seizure mahazar.

    Thereafter, the accused along with the seized articles was brought

    to the police station. On the basis of the complaint submitted by

    C.W.1, C.W.12 registered the case, entered the seized properties in

    Property Register No.14/2022 and forwarded the seized ganja to

    the Forensic Science Laboratory, Madivala, for chemical
    13 SPL.C. No.1754/2022

    examination. C.W.9, the Scientific Officer of the Forensic Science

    Laboratory, after examination of the seized substance, issued the

    report opining that (i) the sample tested positive for Cannabis

    (Ganja), and (ii) cannabis contains psychoactive constituents. On

    the basis of the investigation and the material collected, the

    prosecution has alleged that the accused has committed the

    offence punishable under Section 20(b) of the Narcotic Drugs and

    Psychotropic Substances Act, 1985.

    16. In order to prove the charges leveled against the accused,

    the prosecution in all examined 4 witnesses in this case. They are

    P.W’s.1 to 4 and Exhibits P.1 to P.16 admitted in evidence. M.Os.1

    to 4 were identified. P.W.1 is the seizure mahazar witness; P.W.2 is

    the complainant witness, P.W.3 Investigating Officer and P.W.4 is

    the Gazetted Officer who was secured to the spot to witness the

    personal search of the accused. Ex.P.1 Notice given to the

    panchas, Ex.P.2 is the raid mahazar, Ex.P.3 is the statement of

    P.W.1, Ex.P.4 is the request letter seeking permission to raid,

    Ex.P.5 is the permission letter, Ex.P.6 is the station house dairy,

    Ex.P.7 is the request letter for body search, Ex.P.8 is the complaint

    lodged by C.W.1, Ex.P.9 is the copy of FIR in Crime No. 18/2022,
    14 SPL.C. No.1754/2022

    Ex.P.10 is the property form list, Ex.P.11 is the voluntary

    statement of accused, Ex.P.12 is the FSL Report, Ex.P.13 is the

    official seal of FSL, Ex.P.14 is the request letter issued by CW.1 to

    conduct raid, Ex.P.15 is the success report of raid and Ex.P.16 is

    the notice issued to accused for conducting body search.

    17. The material objects marked include: M.O.1 – 4 Gaja

    packets, M.O.2 – 8 empty packets, M.O.3 – blue colour college bag

    and M.O.4 – Rs.1,000/- cash (2 × Rs.500/- currency notes).

    18. Before proceeding to appreciate the evidence led by the

    prosecution in support of the charges, it is appropriate to first

    narrate the role of each prosecution witnesses. The prosecution,

    in order to bring home the guilt of the accused, has examined

    P.Ws.1 to 4 and has relied upon documentary evidence marked as

    Exs.P.1 to P.16 and material objects M.O.1 to M.O.4. The oral and

    documentary evidence adduced requires to be considered in detail

    to find out whether the prosecution has successfully established

    the case against the accused beyond all reasonable doubt. Hence,

    at the outset, the evidence of each of the prosecution witnesses is

    narrated hereunder.

    15 SPL.C. No.1754/2022

    19. P.W.1 – Syed Azmal, who is examined as a panch witness

    to Ex.P.1 and Ex.P.2, has not supported the case of the

    prosecution. He has deposed that about three years prior, while he

    had been to Sanjayanagar Police Station in connection with his

    personal work, the police obtained his signatures on a notice and

    a mahazar, which are marked as Ex.P.1 and Ex.P.2 respectively. He

    has identified his signatures thereon as Ex.P.1(a) and Ex.P.2(a). He

    has further deposed that he had never seen the accused, that no

    mahazar was conducted in his presence, that no articles were

    seized in his presence, that he has no knowledge of the contents of

    Ex.P.1 and Ex.P.2, and that he had not given any statement to the

    police. Thus, P.W.1 has completely turned hostile to the case of the

    prosecution and therefore was treated hostile and cross-examined

    by the Learned Public Prosecutor. During the course of cross-

    examination, all the suggestions made by the Learned Public

    Prosecutor with respect Ex.P.1 and 2 and his statement given

    before the police as per Ex.P.3. Nothing worthwhile has been

    elicited from his evidence to support the case of the prosecution.

    20. P.W.2 – Balaraj, who is examined as complainant witness,

    has deposed that on 07.02.2022 at about 3.00 p.m., while he was
    16 SPL.C. No.1754/2022

    on station duty, he received credible information that ganja was

    being sold near S.L.V. Bakery on New BEL Road. He deposed that

    after receiving the information, he submitted a written requisition

    to the Assistant Commissioner of Police, J.C. Nagar Sub-Division,

    seeking permission to conduct a raid. He has identified the

    requisition as Ex.P.4 and his signature thereon as Ex.P.4(a). He

    has further deposed that the Assistant Commissioner of Police

    accorded permission to conduct the raid under Ex.P.5 and that he

    made an entry regarding the receipt of the information in the

    Station House Diary, the extract of which is marked as Ex.P.6.

    21. P.W.2 has further deposed that he secured C.W.2 and

    C.W.3 as panch witnesses, informed them about the information

    received and issued them notices, which are marked as Ex.P.1.

    Thereafter, he, the panch witnesses and the police staff first

    subjected themselves to mutual personal search to ensure that

    none of them was carrying any narcotic substance. Thereafter, he,

    along with C.W.2 to C.W.8, left the police station at about 3.30

    p.m. with the investigation kit and reached the spot at about 3.40

    p.m. After parking the official vehicle at some distance, they kept
    17 SPL.C. No.1754/2022

    surveillance and noticed a person selling narcotic substance to

    members of the public.

    22. He further deposed that, he deputed C.W.7 as a decoy

    customer to ascertain whether the said person was selling ganja.

    C.W.7 approached the suspect, interacted with him and, after

    confirming that he was selling ganja, gave the predetermined

    signal. Thereafter, P.W.2 and the police staff surrounded and

    apprehended the suspect, who disclosed his name and address.

    On enquiry, the accused allegedly stated that the packets in his

    possession contained ganja which he had brought from Andhra

    Pradesh for sale. P.W.2 has further deposed that he informed the

    Assistant Commissioner of Police over the telephone about the

    apprehension of the accused and requested him to come to the

    spot for conducting the personal search. The Assistant

    Commissioner of Police reached the spot at about 4.15 p.m. P.W.2

    submitted a written requisition requesting him to conduct the

    search, which is marked as Ex.P.7 and bears his signature as

    Ex.P.7(a). He has further deposed that the Assistant

    Commissioner of Police informed the accused of his legal right to

    be searched before a Magistrate or a Gazetted Officer. The accused
    18 SPL.C. No.1754/2022

    expressed his willingness to be searched in the presence of the

    Assistant Commissioner of Police himself, who was a Gazetted

    Officer, and gave his written consent.

    23. P.W.2 has further deposed that on the instructions of the

    Assistant Commissioner of Police, he conducted the personal

    search of the accused. During the search, four plastic covers

    containing ganja were found in the hands of the accused. On

    weighing, the contents of the four covers weighed 80 grams in all.

    Eight empty plastic covers were also found with the accused. In

    addition, one plastic cover kept inside a blue-coloured college bag

    was found to contain 1 kilogram and 840 grams of ganja. The

    seized ganja, empty plastic covers, blue-coloured college bag and

    cash of Rs.1,000/- (two currency notes of Rs.500/- denomination

    each) found in the shirt pocket of the accused were separately

    packed, sealed with the seal bearing the letters “SJN” and marked

    as separate material objects. He has identified the seized articles

    before the Court as M.O.1 to M.O.4.

    24. P.W.2 has further deposed that the seizure mahazar was

    drawn at the spot between 3.30 p.m. and 5.00 p.m. in the

    presence of the panch witnesses, and he has identified his
    19 SPL.C. No.1754/2022

    signature on Ex.P.2 as Ex.P.2(b). Thereafter, he returned to the

    police station along with the accused and the seized properties,

    produced the accused, the seized articles and the relevant records

    before the Station House Officer, and submitted the written

    complaint, which is marked as Ex.P.8, bearing his signature as

    Ex.P.8(a). He has identified the accused who was present before

    the Court.

    25. During the cross-examination, P.W.2 admitted that no

    complaint had been received from any private individual and that

    the case was initiated on the basis of credible information. Except

    the said admission, nothing worthwhile was elicited to discredit

    his testimony. He denied all the material suggestions put to him

    regarding the alleged false implication of the accused, non-

    compliance with the mandatory procedure, non-conduct of the

    raid and seizure, and false deposition.

    26. P.W.3 – Girish Naik, who is the Investigating Officer has

    deposed that on 07.02.2022, while he was on station duty, P.W.2

    produced the accused before him, the seized properties, the

    relevant records and the written report. On the basis of the said

    report, he registered Crime No.18/2022 and submitted the First
    20 SPL.C. No.1754/2022

    Information Report to the jurisdictional Court. He has identified

    his signature on Ex.P.8 as Ex.P.8(b) and the First Information

    Report as Ex.P.9. P.W.3 has further deposed that he formally

    arrested the accused in accordance with law and submitted the

    property list before the Court in respect of the seized articles,

    which is marked as Ex.P.10, bearing his signature as Ex.P.10(a).

    He recorded the statements of C.W.2 to C.W.7 on the same day

    and also recorded the statement of C.W.9. He produced the

    accused before the Court and obtained police custody.

    27. He further deposed that, on 08.02.2022 he recorded the

    voluntary statement of the accused, which is marked as Ex.P.11

    and bears his signature as Ex.P.11(a). P.W.3 has further deposed

    that on 19.02.2022 he submitted an application before the learned

    ACMM seeking certification of the inventory of the seized narcotic

    substance. On 21.02.2022, the inventory was certified by the

    learned Magistrate, and representative samples were drawn in the

    presence of the Court and forwarded for chemical examination. On

    16.06.2022, he received the Forensic Science Laboratory report,

    which is marked as Ex.P.12, and the specimen seal is marked as

    Ex.P.13. He has further deposed that he obtained and verified
    21 SPL.C. No.1754/2022

    Ex.P.6 the Station House Diary extract dated 07.02.2022. He has

    identified the requisition seeking permission to conduct the raid

    as Ex.P.14 and the raid report submitted thereafter as Ex.P.15. He

    has identified the accused who was present before the Court and

    has also identified M.O.1 to M.O.4 as the properties seized in the

    case. P.W.3 has further deposed that after completion of the

    investigation, he filed the charge sheet before the Court on

    16.07.2022. During the cross-examination, P.W.3 admitted that

    P.W.2 was his superior officer. He denied all the material

    suggestions challenging the investigation, the registration of the

    case, the seizure of the contraband, the recording of the witnesses’

    statements, the voluntary statement of the accused, the

    certification of the inventory, the FSL report, and the filing of the

    charge sheet.

    28. P.W.4 – Reena Suvarna, who is the Gazetted Officer, has

    deposed that on 07.02.2022 at about 3.10 p.m., P.W.2 sought his

    permission to conduct a raid on the basis of credible information

    that a person was selling ganja near S.L.V. Bakery on New BEL

    Road. After considering the requisition, she accorded permission

    for the raid. She has identified the requisition submitted by P.W.2
    22 SPL.C. No.1754/2022

    as Ex.P.4, her signature thereon as Ex.P.4(b), the order granting

    permission as Ex.P.5 and her signature thereon as Ex.P.5(a). P.W.4

    has further deposed that on the same day at about 3.55 p.m.,

    P.W.2 informed her over the telephone that a person had been

    apprehended along with a narcotic substance and requested her to

    come to the spot for conducting the personal search. Thereafter,

    P.W.2 also submitted a written requisition, which is marked as

    Ex.P.7, and she has identified her signature thereon as Ex.P.7(b).

    29. She further deposed that, she reached the spot at about

    4.15 p.m., where she found P.W.2, the panch witnesses, police

    staff and the apprehended person. She introduced herself to the

    accused and informed him of his legal right to be searched before

    a Magistrate or a Gazetted Officer. The accused expressed his

    willingness to be searched before a Gazetted Officer. P.W.4

    informed the accused that she herself was a Gazetted Officer and

    enquired whether the accused was willing to be searched in her

    presence. The accused consented to the same and signed the

    written consent form, which has been marked as Ex.P.16. P.W.4

    has identified her signature thereon as Ex.P.16(a).
    23 SPL.C. No.1754/2022

    30. P.W.4 has further deposed that, after P.W.2, the police

    staff and the panch witnesses subjected themselves to mutual

    personal search and confirmed that none of them was carrying

    any narcotic substance, P.W.2 conducted the personal search of

    the accused in her presence. During the search, four small

    packets containing ganja consisting of leaves, flowering tops, seeds

    and stalks were recovered from the accused. Each packet weighed

    20 grams, totalling 80 grams and the same is identified as M.O.1.

    The said packets were packed, sealed and the same is identified as

    M.O.2. A blue-coloured college bag containing 1 kilogram and 840

    grams of ganja was also seized and identified as M.O3. Further,

    cash of Rs.1,000/- (two currency notes of Rs.500/- denomination

    each), alleged to be the sale proceeds of ganja, was recovered from

    the accused, sealed separately and identified as M.O.4. P.W.4 has

    deposed that the seizure mahazar was drawn at the spot between

    3.50 p.m. and 5.00 p.m. She has identified her signature on

    Ex.P.2 as Ex.P.2(c). She has also identified M.O.1 to M.O.4 before

    the Court as the seized articles.

    31. During cross-examination, P.W.4 denied all the material

    suggestions that no permission had been sought for the raid, that
    24 SPL.C. No.1754/2022

    he had granted permission without verifying the records, that he

    had not visited the spot, that the personal search was not

    conducted in his presence, that Ex.P.16 had been fabricated, that

    no contraband had been seized from the accused, that no

    mahazar had been drawn in his presence, and that he was falsely

    supporting a fabricated case registered by the police by using

    properties seized in some other case.

    32. One of the contentions urged during the course of

    arguments is with regard to the compliance of the mandatory

    provisions of the NDPS Act. Therefore, before appreciating the

    evidence on record, it is necessary to examine whether the present

    case is governed by Section 42 or Section 43 of the NDPS Act.

    According to the prosecution, the accused was apprehended near

    S.L.V. Bakery, 2nd Cross, New BEL Road, RMV II Stage, Bengaluru,

    while he was allegedly selling ganja to the public. The place of

    occurrence, as spoken to by P.W.2 and P.W.4 and reflected in

    Ex.P.2, is admittedly an open place accessible to the public. The

    prosecution case is not that the contraband was recovered from

    any building, conveyance or enclosed place.

    25 SPL.C. No.1754/2022

    33. It is pertinent to note that, Section 42 of the NDPS Act

    applies where the search is to be conducted in any building,

    conveyance or enclosed place on the basis of prior information. On

    the other hand, Section 43 of the NDPS Act governs seizure and

    arrest effected in a public place. Since the alleged seizure in the

    present case was effected in a public place, the provisions of

    Section 43 of the NDPS Act would govern the search and seizure.

    Therefore, strict compliance with Section 42 is not attracted to the

    facts of the present case.

    34. However, the evidence of P.W.2 – Balaraj discloses that

    immediately after receipt of credible information, he reduced the

    information into writing, submitted Ex.P.4 seeking permission to

    conduct the raid, obtained permission under Ex.P.5 and also

    made an entry in the Station House Diary as per Ex.P.6 before

    proceeding to the spot. Thus, even though Section 42 of the NDPS

    Act is not applicable in the present case, the prosecution has

    produced records to demonstrate that the information was

    properly recorded prior to the raid. Hence, the procedure adopted

    by P.W.2 lends support to the proper compliance to strengthen the

    case of the prosecution.

    26 SPL.C. No.1754/2022

    35. The next question is whether the prosecution has

    established due compliance with Section 50 of the NDPS Act

    insofar as the personal search of the accused is concerned. P.W.2 –

    Balaraj, in his evidence, has categorically deposed that after

    apprehending the accused, he informed P.W.4, the Gazetted

    Officer, and requested her to come to the spot. P.W.4 has

    corroborated the said version by stating that she reached the spot

    at about 4.15 p.m., introduced herself to the accused and

    informed him of his legal right to be searched before a Magistrate

    or a Gazetted Officer. She has further deposed that the accused

    expressed his willingness to be searched before her, she being a

    Gazetted Officer, and accordingly obtained the written consent of

    the accused under Ex.P.16.

    36. The evidence of P.W.2 and P.W.4 is reliable on this

    material aspect. Ex.P.16, which contains the written consent of

    the accused, also corroborates their oral testimony. Nothing has

    been elicited in the cross-examination of either witness to

    probabilise that the accused was denied his valuable right under

    Section 50 of the NDPS Act or that Ex.P.16 was fabricated. Though

    P.W.1 – Syed Azmal has not supported the case of the prosecution,
    27 SPL.C. No.1754/2022

    his hostility by itself is insufficient to discard the otherwise

    consistent testimony of P.Ws.2 and 4. Consequently, this Court is

    satisfied that the prosecution has established substantial

    compliance with the requirements of Section 50 of the NDPS Act.

    37. Now, before appreciating the evidence on recovery, it

    would be appropriate to examine whether the prosecution has

    established the conscious possession of the contraband by the

    accused. Under the scheme of the Narcotic Drugs and

    Psychotropic Substances Act, the prosecution is initially required

    to prove the foundational fact that the accused was in conscious

    and exclusive possession of the contraband. Once such

    foundational fact is established through reliable evidence, the

    statutory presumptions under Sections 35 and 54 of the NDPS Act

    come into operation and thereafter, the burden shifts to the

    accused to satisfactorily account for such possession or to rebut

    the presumptions on the touchstone of preponderance of

    probabilities. Therefore, it is necessary to examine whether the

    oral and documentary evidence placed on record establishes that

    the accused was found in conscious possession of the seized ganja

    at the relevant time and place.

    28 SPL.C. No.1754/2022

    38. Pertinently, P.W.2 – Balaraj and P.W.4 – Reena Suvarna

    have consistently deposed that four packets containing 20 grams

    of ganja each, totalling 80 grams, were recovered from the

    possession of the accused and that a further quantity of 1

    kilogram and 840 grams of ganja was recovered from the blue-

    coloured college bag carried by him. The said seizure is reflected

    in Ex.P.2 and the seized articles have been identified before the

    Court as M.O.1 to M.O.4. The accused has not offered any

    explanation regarding his possession of the contraband either

    during his examination under Section 313 of the Criminal

    Procedure Code or by leading defence evidence. Once the

    prosecution establishes the foundational fact of possession, the

    presumptions under Sections 35 and 54 of the NDPS Act come

    into operation. In the present case, the evidence of P.Ws.2 and 4,

    coupled with the seizure mahazar and the material objects,

    satisfactorily establishes that the accused was in conscious

    possession of the seized ganja.

    39. Before relying upon the alleged recovery, it is mandatory

    on the prosecution to establish that the contraband seized from

    the possession of the accused remained intact and untampered
    29 SPL.C. No.1754/2022

    with from the time of its seizure till it reached the Forensic

    Science Laboratory for chemical examination. The prosecution

    must prove an unbroken chain of custody so as to rule out the

    possibility of tampering, substitution or contamination of the

    seized substance. Once the integrity of the seized material is

    established and the chemical examination confirms that the

    sample tested is a narcotic drug or psychotropic substance, such

    scientific evidence lends assurance to the prosecution case

    regarding the identity and nature of the contraband. It is,

    therefore, necessary to examine whether the prosecution has

    satisfactorily established the safe custody of the seized articles

    and whether the Forensic Science Laboratory report conclusively

    proves that the substance seized from the accused was ganja.

    40. The prosecution has also established the safe custody and

    movement of the seized contraband. P.W.2 – Balaraj has spoken

    regarding the seizure and sealing of the contraband at the spot.

    P.W.3 – Girish Naik has deposed regarding production of the

    seized properties before the Court, certification of the inventory,

    forwarding of the representative samples for chemical examination

    and receipt of the FSL report. Ex.P.12, the FSL Report, has been
    30 SPL.C. No.1754/2022

    marked with the consent of the learned counsel for the accused.

    The defence has neither disputed the contents of the report nor

    sought examination of the Scientific Officer. Ex.P.12 clearly

    establishes that the sample tested positive for Cannabis (Ganja).

    Thus, there is no dispute regarding the identity and nature of the

    seized contraband.

    41. However, during the course of cross-examination of P.W.2,

    a suggestion was made that no application had been filed before

    the Magistrate for certification of the inventory. The said

    suggestion does not have any merit. P.W.2 was merely the

    complainant and the raiding officer. After seizure, the investigation

    was taken over by P.W.3, who has categorically deposed that he

    submitted an application before the jurisdictional Magistrate on

    19.02.2022 for certification of the inventory and that the inventory

    was certified on 21.02.2022 and thereafter, representative samples

    were drawn and forwarded to the Forensic Science Laboratory. The

    defence has not elicited any material in the cross-examination of

    P.W.3 to discredit this aspect. Further, the FSL report (Ex.P.12)

    was admitted in evidence without objection from the accused.

    Hence, the suggestion put to P.W.2 does not create any doubt
    31 SPL.C. No.1754/2022

    regarding compliance with Section 52A of the NDPS Act or the

    integrity of the chain of custody.

    42. Having considered the evidence of the prosecution

    witnesses, the documentary evidence and the material objects,

    and having examined the compliance with the mandatory

    provisions of the NDPS Act relating to search, seizure and

    investigation, it now remains to be determined whether the

    prosecution has succeeded in establishing the guilt of the accused

    beyond reasonable doubt. It is a cardinal principle of criminal

    jurisprudence that the prosecution must prove its case beyond all

    reasonable doubt by leading cogent, convincing and reliable

    evidence. In a prosecution under the NDPS Act, although the

    statutory presumptions under Sections 35 and 54 become

    available once the foundational facts are established, the initial

    burden rests upon the prosecution to prove the search, seizure

    and conscious possession of the contraband in accordance with

    law. It is only upon the successful discharge of such burden that

    the statutory presumptions operate against the accused.

    Therefore, the cumulative effect of the entire oral and

    documentary evidence requires to be examined to ascertain
    32 SPL.C. No.1754/2022

    whether the prosecution has proved the charge against the

    accused beyond reasonable doubt.

    43. At the outset, it is necessary to note that the prosecution

    mainly relies upon the evidence of P.Ws.2 to 4, who are the official

    witnesses involved in the raid, seizure and investigation of the

    case. P.W.1 is the independent panch witness to the seizure

    mahazar. Apart from the oral evidence of these witnesses, the

    prosecution has also produced several documents, namely, the

    requisition seeking permission to conduct the raid, the permission

    granted by the Gazetted Officer, the Station House Diary extract,

    the seizure mahazar, the complaint, the First Information Report,

    the property form, the voluntary statement of the accused, the

    Forensic Science Laboratory report and the notice issued under

    Section 50 of the NDPS Act. Therefore, the oral evidence of the

    witnesses has to be appreciated along with the documentary

    evidence and the material objects produced before the Court to

    determine whether the prosecution has proved its case beyond

    reasonable doubt.

    44. P.W.1 – Syed Azmal, who is examined by the prosecution

    as the seizure mahazar witness, has completely resiled from his
    33 SPL.C. No.1754/2022

    earlier statement. He has denied the seizure, the mahazar

    proceedings and even his presence at the spot. Consequently, he

    was treated hostile by the prosecution. However, the mere hostility

    of an independent witness is not by itself fatal to the prosecution

    case. In Ajmer Singh Vs. State of Haryana, (2010) 3 SCC 746,

    the Hon’ble Supreme Court held that although it is desirable to

    associate independent witnesses in cases under the NDPS Act, it

    is not an inviolable rule. The obligation to secure public witnesses

    is not absolute. If reasonable efforts have been made to associate

    independent witnesses and they do not support the prosecution or

    are unavailable, the search and recovery do not become illegal on

    that ground alone. The Court is required to independently assess

    whether the evidence of the official witnesses is cogent, reliable

    and trustworthy. If such evidence inspires confidence, conviction

    can safely be based thereon notwithstanding the absence of

    corroboration from independent witnesses.

    45. In the present case, though P.W.1 has resiled from his

    earlier statement and has not supported the prosecution, the

    evidence of P.Ws.2 to 4 is consistent on all material particulars

    relating to the receipt of credible information, compliance with the
    34 SPL.C. No.1754/2022

    statutory requirements, conduct of the raid, seizure of the

    contraband, preparation of the seizure mahazar and the

    subsequent investigation. Their testimony has remained unshaken

    in the cross-examination except for bald suggestions, which have

    been denied. No material contradiction or omission has been

    elicited to discredit their version. Therefore, merely because P.W.1

    has turned hostile, this Court finds no legal impediment in relying

    upon the otherwise trustworthy and reliable evidence of P.Ws.2 to

    4.

    46. In the present case, the prosecution mainly relies upon

    the evidence of P.Ws.2, 3 and 4. Therefore, it is necessary to

    examine whether their evidence is cogent, consistent and inspires

    confidence of this court. P.W.2 – Balaraj, the complainant and

    raiding officer, has deposed that on 07.02.2022 at about 3.00

    p.m., while he was on station duty, he received credible

    information that an unidentified person was selling ganja near

    S.L.V. Bakery on New BEL Road. He has further deposed that he

    immediately submitted a written requisition to the Assistant

    Commissioner of Police, J.C. Nagar Sub-Division, seeking

    permission to conduct a raid, which is marked as Ex.P.4, and that
    35 SPL.C. No.1754/2022

    permission was accorded by P.W.4 under Ex.P.5. He has also

    deposed that he recorded the receipt of the information in the

    Station House Diary, the extract of which is produced at Ex.P.6.

    Thereafter, he secured panch witnesses by issuing notices under

    Ex.P.1, proceeded to the spot along with the police staff and

    deputed C.W.7 as a decoy customer to verify the information.

    According to P.W.2, after receiving the predetermined signal from

    the decoy customer confirming the sale of ganja, the raiding party

    apprehended the accused. He has further deposed that he

    requested P.W.4 – Reena Suvarna, Assistant Commissioner of

    Police, JC Nagar Sub-Division, who is the Gazetted Officer, to

    come to the spot for conducting the personal search by submitting

    a requisition under Ex.P.7. After informing the accused of his legal

    right under Section 50 of the NDPS Act and obtaining his consent,

    the personal search was conducted, during which four packets

    containing 80 grams of ganja, one plastic cover containing 1

    kilogram 840 grams of ganja, eight empty plastic covers, a blue-

    coloured college bag and cash of Rs.1,000/- were seized. He has

    further deposed that the seizure mahazar/raid mahazar was

    drawn at the spot under Ex.P.2, the seized articles were sealed
    36 SPL.C. No.1754/2022

    and marked as M.Os.1 to 4, and thereafter he produced the

    accused and the seized properties before the Station House Officer

    and lodged the written complaint, which is marked as Ex.P.8.

    Thus, the evidence of P.W.2 regarding the receipt of information,

    conduct of the raid, seizure of the contraband and registration of

    the case finds substantial corroboration from the relevant

    documents, namely Exs.P.4 to P.8.

    47. P.W.3 – Girish Naik, the Investigating Officer, has deposed

    that on 07.02.2022, while he was on station duty, P.W.2 produced

    the accused, the seized properties, the relevant records and the

    written complaint before him. Based on the complaint, he

    registered Crime No.18/2022 and submitted the First Information

    Report to the jurisdictional Court. He has identified his signature

    on the complaint as Ex.P.8(b) and the First Information Report as

    Ex.P.9. He has further deposed that he formally arrested the

    accused in accordance with law and produced the property form

    before the Court in respect of the seized articles, which is marked

    as Ex.P.10. He has also deposed that he recorded the statements

    of the material witnesses, secured the police custody of the
    37 SPL.C. No.1754/2022

    accused and on 08.02.2022, recorded the voluntary statement of

    the accused, which is marked as Ex.P.11.

    48. P.W.3 has further deposed that on 19.02.2022, he

    submitted an application before the jurisdictional Magistrate

    seeking certification of the inventory of the seized contraband and

    that on 21.02.2022, the inventory was certified by the learned

    Magistrate. Thereafter, representative samples were drawn in the

    presence of the Court and forwarded to the Forensic Science

    Laboratory for chemical examination. He has further deposed that

    on 16.06.2022, he received the Forensic Science Laboratory

    Report, which is marked as Ex.P.12, and identified the specimen

    seal as Ex.P.13. He has also identified the Station House Diary

    extract as Ex.P.6, the requisition seeking permission to conduct

    the raid as Ex.P.14, and the raid completion report as Ex.P.15.

    According to him, after completion of the investigation, he filed the

    charge sheet against the accused. Thus, the evidence of P.W.3

    establishes the subsequent investigation carried out after the

    seizure, including the registration of the FIR, preservation and

    production of the seized property before the Court, compliance

    with the procedure relating to inventory and forwarding of samples
    38 SPL.C. No.1754/2022

    for chemical examination, which significantly corroborates the

    evidence of P.W.2 regarding the investigation conducted after the

    seizure.

    49. P.W.4 – Reena Suvarna, the then Assistant Commissioner

    of Police, J.C Nagar Sub Division and Gazetted Officer, has

    deposed that on 07.02.2022 at about 3.10 p.m., P.W.2 submitted a

    written requisition seeking permission to conduct a raid on the

    basis of credible information regarding the sale of ganja near

    S.L.V. Bakery. She has identified the requisition as Ex.P.4 and her

    signature thereon as Ex.P.4(b). She has further deposed that,

    upon being satisfied with the requisition, she accorded permission

    to conduct the raid under Ex.P.5, bearing her signature as

    Ex.P.5(a). She has further deposed that at about 3.55 p.m., P.W.2

    informed her over the telephone that one person had been

    apprehended along with a narcotic substance and requested her to

    come to the spot for conducting the personal search. Pursuant to

    the same, P.W.2 also submitted a written requisition, which is

    marked as Ex.P.7, and she has identified her signature thereon as

    Ex.P.7(b).

    39 SPL.C. No.1754/2022

    50. P.W.4 has further deposed that she reached the spot at

    about 4.15 p.m., where she found the accused in the custody of

    the raiding party. She introduced herself to the accused and

    informed him of his legal right to be searched either before a

    Magistrate or a Gazetted Officer. According to her, the accused

    expressed his willingness to be searched in the presence of a

    Gazetted Officer and consented to be searched before her. She

    accordingly obtained the written consent of the accused under

    Ex.P.16, bearing her signature as Ex.P.16(a). Thereafter, in her

    presence, P.W.2 conducted the personal search of the accused,

    during which four packets containing 20 grams of ganja each,

    totalling 80 grams, one blue-coloured college bag containing 1

    kilogram and 840 grams of ganja, and cash of Rs.1,000/- were

    recovered and seized under the seizure mahazar Ex.P.2, on which

    she has identified her signature as Ex.P.2(c). She has also

    identified the seized articles before the Court as M.Os.1 to 4.

    51. The evidence of P.W.4 clearly corroborates the testimony

    of P.W.2 regarding the permission granted to conduct the raid, her

    presence at the spot, compliance with the mandatory

    requirements of Section 50 of the NDPS Act and the recovery and
    40 SPL.C. No.1754/2022

    seizure of the contraband from the possession of the accused.

    P.W.4 was, at the relevant point of time, serving as the Assistant

    Commissioner of Police and was a Gazetted Officer. She was

    secured to the spot only in discharge of her official duties for the

    purpose of ensuring compliance with the mandate of Section 50 of

    the NDPS Act. There is absolutely no material brought on record

    in the cross-examination to indicate that she had any previous

    acquaintance with the accused, any personal animosity against

    him or any motive whatsoever to falsely implicate him in a serious

    offence under the NDPS Act. In the absence of any such

    circumstance, there is no reason for the Court to presume that a

    responsible Gazetted Officer would jeopardize her official position

    and career by fabricating a false case against an unknown person.

    The Hon’ble Supreme Court has consistently held that the

    evidence of official witnesses cannot be discarded merely on the

    ground that they are police officials, and if their evidence is

    otherwise reliable, trustworthy and inspires confidence, the same

    can safely form the basis of conviction. It has further been held

    that, in the absence of proof of enmity or ulterior motive, there is
    41 SPL.C. No.1754/2022

    no reason to presume that responsible public servants would

    falsely implicate an accused.

    52. It is the contention of the counsel for the accused that, in

    the absence of support from the independent panch witness, the

    evidence of the official witnesses cannot be safely relied upon.

    However, the said contention cannot be accepted. It is now well

    settled that there is no rule of law requiring the testimony of police

    officials to be corroborated by independent witnesses in every case

    under the NDPS Act. Merely because an independent witness has

    turned hostile, the prosecution case does not automatically fail if

    the evidence of the official witnesses is otherwise cogent,

    consistent and trustworthy. In Jarnail Singh Vs. State of

    Punjab, (2011) 3 SCC 521, the Hon’ble Supreme Court has held

    that the non-examination or hostility of an independent witness

    does not necessarily lead to the conclusion that the accused has

    been falsely implicated and that the evidence of official witnesses

    cannot be discarded merely because of their official status. The

    Hon’ble Supreme Court has further relied upon the principle laid

    down in State (Govt. of NCT of Delhi) Vs. Sunil & Another,

    (2001) 1 SCC 652, wherein it was held that it is an archaic notion
    42 SPL.C. No.1754/2022

    to approach every action of a police officer with initial distrust and

    that the Court cannot proceed on the presumption that police

    records are inherently untrustworthy. On the contrary, by virtue

    of Section 114 Illustration (e) of the Indian Evidence Act,

    1872 (corresponding to Section 119(e) of the Bharathiya

    Sakshya Adhiniyam, 2023), there is a statutory presumption

    that official acts have been regularly performed, unless the

    contrary is established.

    53. Therefore, while appreciating the evidence of police

    officials, the Court is not required to view their testimony with

    suspicion merely because they belong to the police force. What is

    required is careful scrutiny of their evidence. If, upon such

    scrutiny, the testimony of the official witnesses is found to be

    natural, consistent and inspires confidence, there is no legal

    impediment in basing a conviction upon such evidence even in the

    absence of corroboration by an independent witness. In the

    present case, the evidence of P.Ws.2 to 4 has been carefully

    scrutinised. Their testimony is consistent on all material

    particulars relating to the receipt of credible information,

    obtaining prior permission to conduct the raid, compliance with
    43 SPL.C. No.1754/2022

    the statutory safeguards, seizure of the contraband, preparation of

    the seizure mahazar, preservation of the seized property and the

    subsequent investigation. Their evidence finds substantial

    corroboration from the relevant documentary evidence at Exs.P.4

    to P.16 and the material objects M.Os.1 to 4. Except making bald

    suggestions of false implication, no material contradiction,

    omission or circumstance has been elicited in the cross-

    examination to discredit their testimony or to rebut the statutory

    presumption attached to official acts. Hence, this Court finds no

    reason to discard their evidence merely because they are official

    witnesses, and their testimony can safely be acted upon.

    54. Upon an overall appreciation of the oral and documentary

    evidence on record, this Court finds that the prosecution has

    succeeded in establishing all the foundational facts necessary to

    bring home the guilt of the accused. The evidence of P.Ws.2 to 4 is

    cogent, consistent and inspires confidence. Their testimony is duly

    corroborated by the relevant documentary evidence at Exs.P.4 to

    P.16 and the material objects M.Os.1 to 4. The hostile testimony of

    P.W.1 does not affect the prosecution case in view of the reliable

    and trustworthy evidence of the official witnesses, which has
    44 SPL.C. No.1754/2022

    withstood the test of cross-examination. The prosecution has also

    satisfactorily established compliance with the mandatory

    requirements of the NDPS Act relating to search and seizure. The

    chain of custody of the seized contraband has remained intact and

    the report of the Forensic Science Laboratory, marked as Ex.P.12

    without objection from the defence, conclusively establishes that

    the seized substance was ganja. The evidence on record further

    proves that the accused was in conscious and exclusive

    possession of the contraband. Accordingly, this Court is of the

    considered opinion that the prosecution has proved beyond all

    reasonable doubt that the accused was found in conscious

    possession of 1 kilogram 920 grams of ganja, thereby committing

    the offence punishable under Section 20(b)(ii)(B) of the NDPS Act.

    55. Before concluding, this Court considers it necessary to

    observe that offences under the NDPS Act are serious offences

    against society. Illegal possession, sale and trafficking of narcotic

    drugs not only violate the law but also destroy the lives of

    individuals, particularly the younger generation, who are the

    future of this country. Drug abuse adversely affects families,

    public health, law and order and ultimately the progress and well-
    45 SPL.C. No.1754/2022

    being of the nation. The Legislature has enacted stringent

    provisions under the NDPS Act prescribing severe punishments by

    recognising the grave consequences of such offences. At the same

    time, it has provided procedural safeguards to ensure a fair trial.

    56. The Court is duty-bound to ensure that every accused

    receives a fair trial and that all the statutory safeguards under the

    NDPS Act are strictly complied with. However, once the

    prosecution proves its case beyond reasonable doubt by producing

    reliable, cogent and legally admissible evidence, the Court cannot

    discard such evidence on mere technicalities or adopt an approach

    of inappropriate sympathy. The growing menace of narcotic drugs

    is a matter of serious concern, and if such offences are not dealt

    with firmly in accordance with law, they have the potential to ruin

    the lives of countless young people and adversely affect society as

    a whole.

    57. In the present case, this Court is satisfied that the

    prosecution has successfully established the guilt of the accused

    beyond all reasonable doubt. The evidence of P.Ws.2 to 4 is

    trustworthy and is duly corroborated by the documentary

    evidence and the material objects produced before the Court. The
    46 SPL.C. No.1754/2022

    defence has failed to create any reasonable doubt regarding the

    prosecution case. Accordingly, this Court holds that the

    prosecution has proved that the accused was in conscious

    possession of 1 kilogram 920 grams of ganja and has thereby

    committed the offence punishable under Section 20(b)(ii)(B) of the

    Narcotic Drugs and Psychotropic Substances Act, 1985.

    Consequently, Point No.1 is answered in the Affirmative.

    58. Point No.2:- In the light of the above discussed facts and

    circumstances of the case, I proceed to pass the following:-

    ::O R D E R::

    Acting under Section 235(2) of the Code of Criminal

    Procedure, the accused namely., Kumar. T S/o V.

    Thangaraju, is hereby convicted for the offence

    punishable under Section 20(b)(ii)(B) of the Narcotic

    Drugs and Psychotropic Substances Act, 1985.

    In view of the conviction recorded, Accused is taken

    into custody. The Accused shall be produced before this

    court for hearing on sentence on the next date.
    47 SPL.C. No.1754/2022

    As contemplated under section 235(2) of Cr.P.C., the

    Accused shall be heard on the question of sentence on

    16.07.2026.

    (Dictated to the Stenographer Grade-1 directly on the computer,
    typed by her, corrected and then pronounced by me in open Court,
    on this the 14th day of July, 2026)

    (Sri. Ananda)
    XXXIV Addl. District and Sessions Judge,
    & Special Judge, (NDPS), Bengaluru.

    16.07.2026

    ::ORDER ON SENTENCE::

    Heard the learned Public Prosecutor, the learned counsel for

    the accused and the accused, who is personally present before the

    Court, on the question of sentence as contemplated under Section

    235(2) of the Code of Criminal Procedure.

    The learned counsel for the accused submitted that the

    accused has no criminal antecedents and is an auto-rickshaw

    driver by profession. It is contended that he is the sole

    breadwinner of his family, consisting of his wife and two

    unmarried daughters, and that the entire responsibility of

    maintaining the family rests upon him. It is further submitted
    48 SPL.C. No.1754/2022

    that the accused has recently lost his mother and is facing

    financial as well as emotional hardship. The learned counsel

    further prayed that, considering the family circumstances and the

    fact that the quantity involved is not a commercial quantity, this

    Court may take a lenient view and award the minimum sentence

    prescribed under law.

    The accused, who was also heard personally, reiterated the

    submissions made by his learned counsel. He submitted that he is

    innocent, has been falsely implicated in the case, and prayed that

    this Court may show leniency while imposing sentence.

    Per contra, the learned Public Prosecutor submitted that the

    offence committed by the accused is not merely against an

    individual but against society at large. It is argued that narcotic

    drugs have become a serious social menace, particularly affecting

    the younger generation and that persons indulging in the sale of

    such contraband cannot claim undue sympathy. Therefore, it is

    prayed that the accused be awarded an appropriate sentence

    commensurate with the gravity of the offence.

    This Court has given careful consideration to the rival

    submissions.

    49 SPL.C. No.1754/2022

    The accused has been found guilty of the offence punishable

    under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic

    Substances Act, 1985, for being in conscious possession of 1

    kilogram and 920 grams of ganja, which falls within the category

    of quantity lesser than commercial quantity but greater than

    small quantity. The offence carries a maximum punishment of

    rigorous imprisonment for ten years and fine up to Rupees One

    Lakh.

    While determining the appropriate sentence, this Court has

    taken into consideration the mitigating circumstances put forth by

    the accused, namely that he is an auto-rickshaw driver, the sole

    breadwinner of his family, has two unmarried daughters and has

    recently lost his mother. At the same time, this Court cannot lose

    sight of the gravity of the offence. Illicit possession and sale of

    narcotic drugs have a serious adverse impact on society,

    particularly on the youth and such offences require an appropriate

    deterrent response.

    Balancing the aggravating circumstances with the mitigating

    factors placed by the accused, this Court is of the considered

    opinion that imposing rigorous imprisonment for a period of two
    50 SPL.C. No.1754/2022

    (2) years and a fine of Rs.20,000/- would meet the ends of justice.

    Accordingly, I proceed to pass the following:

    ::ORDER::

    The accused Kumar. T, S/o V. Thangaraju, is sentenced to

    undergo Rigorous Imprisonment for a period of Two (2) Years and

    to pay a fine of Rs.20,000/- (Rupees Twenty Thousand only) for

    the offence punishable under Section 20(b)(ii)(B) of the Narcotic

    Drugs and Psychotropic Substances Act, 1985.

    In default of payment of fine, the accused shall undergo

    Simple Imprisonment for a period of Three (3) Months.

    The accused shall be entitled to the benefit of set-off under

    Section 428 of the Code of Criminal Procedure for the period of

    detention already undergone during investigation and trial, if any.

    The material objects, namely M.O.1 – sample Ganja, shall be

    returned to Sanjayanagar Police Station, to produce before the

    Drug Disposal Committee for disposal in accordance with law,

    after expiry of the appeal period.

    M.O.2 – empty plastic covers and M.O.3 – Blue colour college

    bag, are being worthless, ordered to be destroyed after the appeal

    is over.

    51 SPL.C. No.1754/2022

    M.O.4 – cash of Rs.1,000/- (500 X 2 notes) shall be

    confiscated to the State.

    Supply a free copy of the judgment and this order on sentence

    to the accused forthwith.

    (Sri. Ananda)
    XXXIV Addl. District and Sessions Judge,
    & Special Judge, (NDPS), Bengaluru.

    ::A N N E X U R E::

    (As Per the guidelines of the Hon’ble Supreme Court of India
    in Criminal Appeal No.2973/203, the standardized chart of
    annexure is set out hereunder)

    1. NO. OF WITNESSES EXAMINED FOR THE PROSECUTION:

    Prosecution
    witness No. Name of Witness Description

    P.W-1 Syed Ajmal Mahazar Witness
    P.W-2 Balaraju Complainant
    P.W-3 Girish Nayak. S IO Witness
    P.W-4 Smt. Reena Suvarna Gazetted Officer

    2. NO. OF DOCUMENTS EXHIBITED FOR THE PROSECUTION:

    Exhibit No. Description of the Proved by/Attested
    Exhibit by

    1 Notice to Panchas P.W-1
    52 SPL.C. No.1754/2022

    1(a) Signature of PW-1 P.W-1
    1(b) Signature of PW-2 P.W-2
    2 Mahazar P.W-1
    P2(a) Signature of PW-1 P.W-1
    2(b) Signature of PW-2 P.W-2
    2(c) Signature of PW-4 P.W-4
    3 Statement of PW-1 P.W-1
    4 Permission Request P.W-2
    Letter for Raid
    4(a) Signature of PW-2 P.W-2
    4(b) Signature of PW-4 P.W-4
    P5 Permission Letter for P.W-2
    Raid
    5(a) Signature of PW-4 P.W-4
    6 Station House Diary P.W-2
    7 Request Letter for P.W-2
    Body Search
    7(a) Signature of PW-2 P.W-2
    7(b) Signature of PW-4 P.W-4
    8 Complaint P.W-2
    8(a) Signature of PW-2 P.W-2
    8(b) Signature of PW-3 P.W-3
    9 F.I.R P.W-3
    10 PF.No.14/2022 P.W-3
    10(a) Signature of PW-3 P.W-3
    11 Accused Statement P.W-3
    11(a) Statement of PW-3 P.W-3
    12 F.S.L. Report P.W-3
    13 Sample Seal P.W-3
    53 SPL.C. No.1754/2022

    14 Request for P.W-3
    Permission to Raid
    15 Raid Successful P.W-3
    Report
    16 Body Search
    Questionnaires
    16(a) Signature of PW-4 P.W-4

    3. LIST OF WITNESSES EXAMINED ON BEHALF OF DEFENCE:

    -NIL-

    4. LIST OF DOCUMENTS EXHIBITED FOR THE DEFENCE:

    -NIL-

    5. LIST OF MATERIAL OBJECTS MARKED:

    Material Object No. Description of the Proved by/Attested
    Exhibit by

    1. 2 Ganja Packets P.W-1

    2. 8 Plastic Covers P.W-1

    3. Blue Colour College P.W-1
    Bag

    4. Cash of Rs.1,000/- P.W-1
    (500X2)
    Digitally signed
    by ANANDA
    ANANDA Date: 2026.07.17
    17:24:20 +0530
    (Sri. Ananda)
    XXXIV Addl. District and Sessions Judge,
    & Special Judge, (NDPS), Bengaluru.



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