Supreme Court restores NDPS prosecution against Ganja transporter

The core issue is whether a prosecution can be quashed at the pre-trial stage solely because the evidence relies on the disclosure of co-accused, rather than on the accused's own possession of contraband.

Who it concerns: Appellant: The State of Karnataka & Anr.; Respondent: Sadiq Pasha; Bench: Justices J. B. Pardiwala and K. Vinod Chandran.

What the court decided

• Allowed the appeal filed by the State of Karnataka.
• Set aside the High Court order that had quashed the criminal proceedings.
• Restored Special Case No.24 of 2022 to the files of the Principal District and Sessions Judge and Special Court, Udupi.
• Directed the respondent to appear before the Trial Court within two weeks from the date of the order.
• Instructed the Trial Court to allow the respondent to be released on bail upon appearance, or to issue steps for apprehension if he fails to appear.
• Rejected any pending applications.

Also in the document

• The Court clarified that it did not make any observations on the merits of the case or the guilt of the accused.
• The Court noted that the respondent is free to raise the contention of lack of evidence at the stage of cognizance or by filing an application for discharge.
• The Court distinguished the present case from cited precedents, noting that those cases involved convictions or bail cancellations based solely on confessional statements, whereas this case involved a pending prosecution where the accused fled the scene and was identified by co-accused.