The Karnataka High Court has quashed criminal proceedings against a 36-year-old man accused of involvement in a 2022 narcotics smuggling incident at the Parappana Agrahara Central Prison, ruling that prosecuting him solely on the uncorroborated statements of co-accused individuals amounted to an abuse of the judicial process.
In an order issued on September 15, Justice Rajesh Rai K allowed a petition filed by Anji M, who had been booked under the Indian Penal Code and the Narcotic Drugs and Psychotropic Substances (NDPS) Act. Justice Rai observed that even if the allegations in the chargesheet were accepted at face value, no offence was made out against the petitioner. While dismissing the case against Anji, the court clarified that proceedings against the remaining co-accused will continue.
Lack of Independent Evidence
The case against Anji emerged during a wider investigation that led to the arrest of seven individuals following the initial seizure of contraband at the prison gates. Representing the petitioner, Advocate K Ravishankar submitted that Anji was not named in the initial First Information Report (FIR) and was implicated later based entirely on voluntary statements from other accused persons. Ravishankar argued that under the provisions of the NDPS Act, an accused cannot be prosecuted solely on the basis of a co-accused person’s confession.
The prosecution opposed the petition, asserting that the chargesheet detailed Anji’s role in the illicit operation. However, upon reviewing the record, the High Court noted that the only connection drawn between Anji and the alleged offense was that his mother was accused number two and another co-accused had purportedly purchased contraband from her. Finding no independent allegations or evidence against Anji beyond the voluntary statements of three co-accused, the bench ruled that the prosecution could not proceed against him.
Origins of the Prison Seizure
The matter originated on February 2, 2022, when Veeresh P C, a Karnataka State Industrial Security Force (KSISF) personnel guarding the main entrance of Parappana Agrahara prison, noticed prison assistant Gangadhara Gurusiddappa Hebballi carrying flowers and a lemon in his trouser pocket.
A subsequent physical search by jail personnel uncovered two packets wrapped in black and white plastic covers concealed inside Hebballi’s private pocket. Tests confirmed that the packets contained LSD strips and an opium-like substance weighing between 50 and 75 grams. Following the seizure, Hebballi was detained, and the prison superintendent registered an FIR.
Alleged Smuggling Network
According to the prosecution’s theory of the supply chain, Anji’s mother, Sumathi, was alleged to have supplied the contraband through Anji to a sixth accused, Malvin. Malvin was then said to have handed the narcotics to Hebballi to smuggle inside the prison compound. Hebballi was allegedly instructed to pass the contraband to an inmate named Shivakumar, who was then expected to deliver it to another prisoner, Satisha, for distribution and sale among the prison population.
With the High Court finding no substantive material linking Anji to the network aside from the statements of other accused, the proceedings against him were formally scrapped.
