Mr. Anirudha Venkatachalam v. Venkatachalam

B KMAHENDRAKUMARDigitally signed by B KMAHENDRAKUMARLocation: High Court ofKarnataka, Dharwad BenchDate: 2025.02.06 11:21:08+0530 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30 DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR -WRIT PETITION NO. 24397 OF 2023 (GMRES) BETWEEN: MR. ANIRUDHA VENKATACHALAM S/O V. VENKATACHALAM, AGED ABOUT 23 YEARS R/AT: NO.31, INCOME TAX LAYOUT, 1 CROSS, SADANANDA NAGARA, BENGALURU-560 038. … PETITIONER (BY SRI. HASHMATH PASHA, SENIOR COUNSEL FOR SRI. KARIAPPA N.A., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU-560 001. BY ITS SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE COMMISSIONER OF POLICE, BENGALURU CITY, OFFICE AT INFANTRY ROAD, BENGALURU-560 001. 3. JOINT COMMISSIONER OF POLICE (CRIME), BENGALURU CITY, OFFICE AT INFANTRY ROAD, BENGALURU-560 001. BENGALURU CITY, OFFICE AT INFANTRY ROAD, BENGALURU-560 001. 4. MR. K.C. GAUTHAM, ASSISTANT COMMISSIONER OF POLICE, CENTRAL CRIME BRANCH POLICE, ROYAN CIRCLE, N.T. PETE, BENGALURU CITY-560 018. ASSISTANT COMMISSIONER OF POLICE, CENTRAL CRIME BRANCH POLICE, ROYAN CIRCLE, N.T. PETE, BENGALURU CITY-560 018. 5. MR. DEEPAK, POLICE INSPECTOR, CCB POLICE, NT PETE, ROYAN CIRCLE, BENGALURU CITY-560 018. POLICE INSPECTOR, CCB POLICE, NT PETE, ROYAN CIRCLE, BENGALURU CITY-560 018. 6. STATION HOUSE OFFICE AND POLICE INSPECTOR, KADUGODI POLICE STATION, BENGALURU CITY, BENGALURU-560067. (RESPONDENTS NO.1 TO 6 ARE REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001.) (BY SRI. B.A. BELLIAPPA, SPP FOR R1 TO R6) … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA AND UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO ISSUE A WRIT OF CERTIORARI OR A WRIT OR ORDER OR DIRECTION OF APPROPRIATE IN NATURE IN QUASHING THE ORDER DATED 31.5.2021 AS PER ANNEXURE-‘F’ PASSED BY RESPONDENT NO.3 IN TRANSFERRING INVESTIGATION FROM RESPONDENT NO6 TO RESPONDENT NO.4 IN RESPECT OF CRIME NO.101/2021 OF KADUGODI POLICE, BANGALORE, WHICH WAS ON THE FILE OF RESPONDENT NO.6, AS ILLEGAL IN SO FAR PETITIONER CONCERNED AND ABUSE OF PROCESS OF LAW AND ETC.,. THIS WRIT PETITION IS COMING ON FOR ORDERS (THROUGH VC), THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR NC: 2025:KHC:4407 WP No. 24397 of 2023 ORAL ORDER The petitioner has been charge-sheeted for offences punishable under Sections 8(c), 20(ii)(b), 21(c), 22(c), 23(c), and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) and under Sections 14 and 14A of the Foreigners Act, 1946. 2. The prosecution alleges that accused Nos.1 to 6 were initially arrested by the Central Crime Branch (CCB) Police, Bengaluru, based on credible information received by the Police Inspector. Upon conducting a search, it was discovered that accused Nos.1 to 6 were in possession of drugs. Subsequently, they were produced before the Kadugodi Police Station as required under Section 52(3)(A) of the NDPS Act. 3. The Kadugodi Police registered FIR No.101/2021 and commenced the investigation. While the investigation was pending, the Joint Commissioner of Police, Bengaluru City, passed an order dated 31.05.2021, transferring the case from the Kadugodi Police Station to the Assistant Commissioner of Police, CCB, Bengaluru. 4. The Assistant Commissioner of Police, CCB, Bengaluru, subsequently arrested the petitioner on 03.06.2021 along with other accused persons. In his voluntary statement, the petitioner allegedly stated that he would point out the location where the psychotropic substances were stored. Based on this statement, a search was conducted, leading to the seizure of 11.5 grams of MDMA. 3. The Kadugodi Police registered FIR No.101/2021 and commenced the investigation. While the investigation was pending, the Joint Commissioner of Police, Bengaluru City, passed an order dated 31.05.2021, transferring the case from the Kadugodi Police Station to the Assistant Commissioner of Police, CCB, Bengaluru. 4. The Assistant Commissioner of Police, CCB, Bengaluru, subsequently arrested the petitioner on 03.06.2021 along with other accused persons. In his voluntary statement, the petitioner allegedly stated that he would point out the location where the psychotropic substances were stored. Based on this statement, a search was conducted, leading to the seizure of 11.5 grams of MDMA. 5. While the investigation was ongoing, the Joint Commissioner of Police issued another order on 08.09.2021, transferring the case from the Assistant Commissioner of Police, CCB, Bengaluru, to the Police Inspector, CCB, Bengaluru. After completing the investigation, the Police Inspector, CCB, Bengaluru, submitted the charge sheet before the Sessions Court. Based on the final report, the learned Sessions Judge took cognizance of the offences punishable under Sections 8(c), 20(ii)(b), 21(c), 22(c), 23(c), and 29 of the NDPS Act, along with Sections 14 and 14A of the Foreigners Act, 1946. 6. Sri Hashmath Pasha, learned Senior Counsel appearing for the petitioner, made the following submissions: • Firstly, the order passed by the Joint Commissioner of Police transferring the investigation from the Kadugodi Police Station to the Assistant Commissioner of Police, CCB, Bengaluru, was without authority of law. He placed reliance on the judgment of the Hon’ble Supreme Court in Mukesh Singh v. State (Narcotic Branch of Delhi), (2020) 10 SCC 120. • Secondly, the subsequent transfer of the investigation from the Assistant Commissioner of Police, CCB, Bengaluru, to the Police Inspector, CCB, was also impermissible. Such a transfer is contrary to Sections 173(1) and 173(2) of the Code of Criminal Procedure, 1973 (Cr.P.C.). Therefore, the investigation conducted by the CCB Police and the resulting charge sheet stand vitiated for non-compliance with Sections 52(3)(A) and 52(4) of the NDPS Act. - 5 - NC: 2025:KHC:4407 7. B.A. Belliappa, Learned State Special Prosecutor contended that the Joint Commissioner of Police exercised his powers under Section 36 of Cr.P.C. while transferring the investigation to the CCB Police. The CCB Police, after completing the investigation, submitted the charge sheet in accordance with the law. Hence, the petition deserves to be dismissed. 8. Before addressing the petitioner’s contentions, it is pertinent to examine the relevant provisions of the NDPS Act. 9. Section 42 of the NDPS Act grants specified officers the power to conduct entry, search, seizure, and arrests without a warrant. 10. Section 43 of the NDPS Act empowers officers to seize and arrest individuals found in possession of narcotic drugs and psychotropic substances in public places. 11. Section 52(3) of the NDPS Act mandates that every person arrested and every article seized under Sections 41(2), 42, 43, or 44 shall be forwarded without unnecessary delay to the officer in charge of the nearest police station or an officer empowered under Section 53 of the NDPS Act. 12. Section 52(4) states that the officer to whom an arrested person or seized article is forwarded must take necessary steps for the disposal of the case in accordance with the law. 13. Section 53 empowers the government to authorize certain officers to exercise the same powers as an officer in charge of a police station under the NDPS Act. 14. The Hon’ble Supreme Court in Mukesh Singh v. State (Narcotic Branch of Delhi) (supra) held that: • Section 52 of the NDPS Act requires that any officer arresting a person under Sections 41 to 44 must inform the arrested person of the grounds for arrest. • As per Section 52(3), all arrested persons and seized articles must be forwarded without delay to the nearest police station or an officer empowered under Section 53. 12. Section 52(4) states that the officer to whom an arrested person or seized article is forwarded must take necessary steps for the disposal of the case in accordance with the law. 13. Section 53 empowers the government to authorize certain officers to exercise the same powers as an officer in charge of a police station under the NDPS Act. 14. The Hon’ble Supreme Court in Mukesh Singh v. State (Narcotic Branch of Delhi) (supra) held that: • Section 52 of the NDPS Act requires that any officer arresting a person under Sections 41 to 44 must inform the arrested person of the grounds for arrest. • As per Section 52(3), all arrested persons and seized articles must be forwarded without delay to the nearest police station or an officer empowered under Section 53. • Thereafter, the investigation must be conducted by the officer in charge of the police station. 15. Applying this principle to the present case, the CCB Police, after conducting the search and seizure under Section 42 of the NDPS Act, forwarded the accused and the seized articles to the Kadugodi Police Station, which was the nearest police station as required under Section 52(3)(A). At this stage, the power of investigation was vested in the Officer in charge of the Kadugodi Police Station. 16. Section 36 of Cr.P.C. provides that superior police officers have the same powers as officers in charge of police stations within their jurisdiction. The Home Department issued a notification dated 25.02.2021 under the Karnataka Police Act, read with Section 36 of Cr.P.C., designating police officers of the rank of Inspector and above in the Central Crime Branch, Bengaluru, as superior officers for all police stations within the jurisdiction of the Bengaluru City Commissionerate. 17. Based on this notification, the Commissioner of Police, Bengaluru City, exercised his power under Section 36 of Cr.P.C. and approved the transfer of investigation from the Kadugodi Police Station to the Assistant Commissioner of Police, CCB, Anti-Narcotics Wing, via a note dated 31.05.2021. Subsequently, the Joint Commissioner of Police (Crime) formally ordered the transfer of investigation to Sri K.C. Goutham, Assistant Commissioner of Police, CCB, Anti-Narcotics Wing. 18. Order No.2061 of the Karnataka Police Manual outlines the functions of different squads within the CCB, authorizing a squad led by the CCB to investigate drug-related offences. In light of the notification dated 25.02.2021 and Order No.2061 of the Police Manual, the Commissioner of Police, Bengaluru City, being a superior officer to the Officer in charge of the Kadugodi Police Station, had the authority to approve the transfer of investigation under Section 36 of Cr.P.C. to the Assistant Commissioner of Police, CCB, Anti-Narcotics Wing. Since the transfer was made to a superior officer, it was legally valid. 19. Consequently, the submission of the learned Senior Counsel for the petitioner that the Joint Commissioner of Police lacked the authority to transfer the investigation is without merit. 20. The petition is devoid of merit and is accordingly dismissed. However, the petitioner is at liberty to file an application for discharge. If such an application is filed, the Trial Court shall consider the same strictly based on the available material on record and in accordance with the law. All contentions of the petitioner remain open. JTR CT:BCK LIST NO.: 19 SL NO.: 2 Sd/- (HEMANT CHANDANGOUDAR)JUDGE