Case Note & Summary
The petitioners, accused Nos. 2, 3, and 4, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking to quash the proceedings in C.C. No. 504 of 2012 pending before the Additional Civil Judge and JMFC, Virajpet, and the order dated 01.02.2021 passed by the II Additional District and Sessions Judge, Kodagu-Madikeri, sitting at Virajpet, in Criminal Revision Petition No. 5011 of 2020, which declined to discharge them. The case arose from an incident on 12.04.2011 when the police, acting on credible information, intercepted a vehicle and recovered 15 kg of ganja (cannabis) from the possession of accused No. 1, the owner of a provision store. The petitioners were employees of Adarsha Medicals: accused No. 2 was a medical representative, accused No. 3 was the proprietor, and accused No. 4 was a salesman. They were present in the vehicle at the time of seizure. The prosecution alleged that the petitioners were in conscious possession of the contraband and charged them under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The petitioners contended that they had no knowledge of the contraband and were merely accompanying accused No. 1 for a personal errand. The trial court framed charges, and the revisional court upheld the framing of charges. The High Court analyzed the concept of conscious possession under the NDPS Act, emphasizing that mere presence in a vehicle where contraband is found does not amount to possession unless there is evidence of knowledge and control. The court noted that the petitioners were employees of a medical store and had no connection with the contraband. The prosecution failed to produce any material to show that the petitioners had any dominion or control over the ganja. The court held that continuing the prosecution against the petitioners would be an abuse of process of law. Consequently, the High Court allowed the petition, quashed the proceedings against the petitioners, and set aside the impugned orders.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Section 482 CrPC - The High Court can exercise inherent powers to quash criminal proceedings if no prima facie case is made out against the accused, especially when the allegations do not disclose the essential ingredients of the offence. (Paras 10-15) B) Narcotic Drugs and Psychotropic Substances Act - Conscious Possession - Section 20(b)(ii)(B) - Mere presence of an accused in a vehicle where contraband is found does not constitute conscious possession unless there is evidence of knowledge and control over the contraband. The burden is on the prosecution to establish conscious possession beyond reasonable doubt. (Paras 12-18) C) Criminal Law - Vicarious Liability - NDPS Act - Vicarious liability cannot be imposed on employees of a medical store for the acts of the owner or driver of a vehicle, in the absence of any specific allegation of involvement or knowledge. (Paras 14-16)
Issue of Consideration
Whether the petitioners, who are employees of a medical store and were merely present in a vehicle where contraband was found, can be said to be in conscious possession of the contraband so as to be prosecuted under the NDPS Act.
Final Decision
The High Court allowed the petition, quashed the proceedings against the petitioners in C.C. No. 504 of 2012, and set aside the orders dated 18.02.2020 and 01.02.2021.
Law Points
- Conscious possession
- vicarious liability
- prima facie case
- quashing of criminal proceedings
- Section 482 CrPC
- Section 20(b)(ii)(B) NDPS Act
