The Karnataka High Court has quashed a criminal case filed against a 67-year-old man under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, after five to six cannabis plants were discovered in the backyard of his Bengaluru home. The case was quashed due to the absence of proper evidence showing deliberate cultivation of cannabis.
Justice M. Nagaprasanna, presiding over the matter, allowed the petition filed by the accused, Chandrashekhar, and set aside the charges against him under Sections 20(a) and 20(b)(ii)(c) of the NDPS Act. The police had conducted a search on September 1, 2023, at the petitioner’s home in Jayanagar based on a tip-off that he was cultivating cannabis. Following the search, they registered a case, seized plants, and later filed a chargesheet.
Chandrashekhar’s counsel argued that the seized plants were not separated from other wild vegetation, suggesting the presence of general weeds. The total weight recorded was 27.360 kilograms, which included roots, stems, leaves, and buds—all without any segregation of the usable cannabis portion.
The prosecution has not placed an iota of evidence to demonstrate that the petitioner was cultivating ganja,”the court observed. It further noted that weighing the entire uprooted plants, including non-narcotic parts and even plastic bags, was against the legal norms.
The prosecution maintained that a trial would establish whether the accused was cultivating cannabis, arguing that the seized material pointed to illegal cultivation. However, the bench disagreed with this contention and scrutinized the manner in which the plants were weighed.
The Court referred to the Supreme Court's decision in Alakh Ram v. State of Uttar Pradesh (2004) 1 SCC 766, where it was held that plants grown through natural processes do not qualify as "cultivation" under the NDPS Act.
“If the facts obtaining in the case at hand are considered on the touchstone of what is held by the Apex Court in the case of Alakh Ram… the charge against the petitioner must fail for reasons more than one,” the bench stated.
It was observed that the police failed to segregate the contraband before measuring its weight. This non-compliance with legal procedure significantly affected the credibility of the evidence. The High Court concluded that the chargesheet had been filed in blatant disregard of established legal principles.
It is an admitted fact that segregation of leaves and the actual ganja is not made prior to weighing the same and the charge sheet is filed. Therefore, the charge sheet is filed blatantly contrary to law, the court remarked while allowing the petition.
The petitioner was represented by Advocate Jaysham Jayashimha Rao, while the State was represented by Additional State Public Prosecutor B.N. Jagadeesh.
