Karnataka High Court
Sri Mohammed Yasin @ Yaseen vs State Of Karnataka on 14 November, 2025
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
-1-
NC: 2025:KHC:46740
CRL.P No. 14823 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 14823 OF 2025
BETWEEN:
SRI. MOHAMMED YASIN @ YASEEN
S/O LATE MAKBUL AHAMED,
AGED ABOUT 30 YEARS, (PRESENT AGE)
R/AT NO.2636, 4TH CROSS,
M.K.D.K. ROAD, MANDI MOHALLA,
MYSORE-570 001.
...PETITIONER
(BY SRI. GAURAV SUBRAMANYAM, ADVOCATE)
AND:
1. STATE OF KARNATAKA
NARASIMHA RAJA POLICE STATION
MYSURU CITY,
REP BY STATE PUBLIC PROSECUTOR,
Digitally
signed by HIGH COURT COMPLEX,
LAKSHMI T
Location:
BENGALURU-560 001.
High Court
of Karnataka
2. SRI. CHANDRASHEKAR.S.ITAGI
POLICE SUB INSPECTOR, INV-1,
AGED ABOUT 27 YEARS, (PRESENT AGE)
NARASIMHARAJA POLICE STATION,
MYSORE CITY-570 001.
...RESPONDENTS
(BY SRI. ANOOP KUMAR M.V., HCGP FOR R1)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528
BNSS) PRAYING TO QUASH THE ENTIRE CRIMINAL
PROCEEDINGS INITIATED AS AGAINST THE PETITIONER IN
C.C.NO.6293/2024 (CRIME NO.103/2024) PENDING ON THE
-2-
NC: 2025:KHC:46740
CRL.P No. 14823 of 2025
HC-KAR
FILE OF III ADDL. CIVIL JUDGE AND J.M.F.C COURT AT
MYSORE FILED BY RESPONDENT NO.1 NARASIMHARAJA
POLICE STATION, MYSORE FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 20(b)(ii)(A) OF NDPS ACT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Petitioner, arraigned as accused No.2 in Crime
No.103/2024 of Narasimharaja Police Station, Mysuru City
and in the charge sheet filed by the Police, for the offence
punishable under Section 20(b)(ii)(A) of the NDPS Act,
1985 is before this Court seeking to quash the proceedings
initiated against him.
2. FIR is registered on a suo motu complaint
lodged by the PSI, INV-1, NR Police Station, Mysuru City.
It is the case of prosecution that on 07.07.2024 at about
10.00 a.m., while the police were on rounds, they noticed
a person moving in a suspicious manner near Gate No. 6,
Kabaristan Road holding a bag. When he started running
away on seeing the police, he was apprehended and it was
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HC-KAR
found on search that he had concealed 40 grams of dry
ganja in his bag. The said ganja and the bag were seized
under a mahazar.
3. Petitioner has been arraigned as accused No.2
on the ground that the ganja seized in this case was
supplied by him to accused No.1. To substantiate the said
allegation, this Court finds that except the voluntary
statement of the accused there is no other material placed
by the prosecution. The voluntary statement of the
accused alone is not sufficient to hold that the ganja
seized in this case from the possession of accused No.1
was supplied by the petitioner. There is not an iota of
corroboration in that regard, except the confessional
statement of accused No.1 and the petitioner.
4. In similar circumstances, relying on the
judgment of the Apex Court in Toofan Singh v. State of
Tamil Nadu, (2021) 4 SCC 1, reiterated in Balvinder
Singh v. Narcotics Control Bureau, 2023 SCC Online
SC 1213, this Court in Criminal Petition No. 1850/2023
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HC-KAR
disposed on 19.07.2024 has quashed the proceedings in
respect of the petitioner therein. It is observed that the
statements of the co-accused recorded under Section 67
of the NDPS Act, is clearly hit by Section 25 of the
Evidence Act, as is considered by the Apex Court. Hence,
the continuation of proceedings against the petitioner
would amount to an abuse of process of law. Petition,
therefore succeeds. Accordingly, allowed.
The entire proceeding against the petitioner/accused
No.2 in C.C.No.6293/2024 pending before the III
Additional Civil Judge and JMFC Court, Mysuru is quashed.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
HB
