Karnataka HC Quashes Drug Case Against Columbia University Student, Says Uncorroborated Confession Of Co-Accused Not Sufficient To Implicate Him

The Karnataka High Court has quashed proceedings initiated under provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act against a student who is pursuing higher studies at Columbia University, USA.A single judge bench of Justice M Nagaprasanna said,“The petitioner, who is a student pursuing his Masters elsewhere, beyond the shores of the nation, should not be made to suffer for the voluntary/confessional statements of the co-accused.”As per prosecution, back in 2018 the police seized almost 2 kg ganja from the hands of two accused, who claimed that Petitioner got them into the habit of possession and consumption of contraband. The Petitioner was a student of Manipal Institute of Technology at the time. It is alleged that Petitioner fled from the scene and therefore, a split charge sheet was drawn against him in 2022.The petitioner argued that apart from showing him as absconder, no attempt were made to reach him. Moreover, statements of co-accused did not have any evidentiary value, unless they are corroborated with the acts of the petitioner. The prosecution opposed the plea saying as the chargesheet is filed the petitioner must come out clean in the trial. Since he is not in India, the innumerable non-bailable warrants issued have all become un-executable. The bench noted that petitioner is dragged into the crime as accused only on the confessional statements made by accused Nos. 1 and 2. There is no corroboration of any of the facts that became attachable to the petitioner.Relying on Apex court judgments the court said “The proceedings against the petitioner cannot be permitted to be continued, as there is not an iota of corroboration that would pin the petitioner to the offences, except the voluntary / confessional statements of the co-accused i.e., accused Nos. 1 and 2, recorded under Section 67 of the Act, which is clearly hit by Section 25 (Confession to police officer not to be proved) of the Evidence Act."Allowing the petition the court said “Permitting further proceedings against the petitioner who at any point in time was not alleged to be involved in any crime except in the aforesaid statements, would become an abuse of the process of law and result in patent injustice.” Appearance: Advocate Mahantsh Shettar for Petitioner.HCGP Thejesh P for Respondent. Citation No: 2024 LiveLaw (Kar) 352Case Title: PARITOSH CHANDRASHEKAR KULKARNI AND State of Karnataka Case No: CRIMINAL PETITION No. 1850 OF 2023Click Here To Read/Download Order

Karnataka HC Quashes Drug Case Against Columbia University Student, Says Uncorroborated Confession Of Co-Accused Not Sufficient To Implicate Him

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