HC refuses to quash ‘drug transportation’ case against Abhayachandra’s wife

S Shyam Prasad | NT

Bengaluru:

The High Court of Karnataka has refused to quash a case of transporting banned drugs filed against the wife of former minister K Abhayachandra Jain, Manjula.

The case filed by the excise sub-inspector is pending before a Sessions Court in Karwar. Manjula’s petition seeking quashing of the case came up before Justice JM Khazi in the Dharwad bench of the High Court. Manjula is accused number five in the case from 2018.

It is alleged that on September 16, 2018 the police at Majali Check Post intercepted a bus and arrested two persons who were transporting 9 kg 190 grams of ganja in it. During investigation, Manjula, who was the owner of the bus “was not forthcoming.” When the charge sheet was filed, Manjula was included as accused number five.

The case is filed under the Narcotic Drugs and Psychotropic Substances Act (NDPS). In her petition, Manjula claimed that she had given the said vehicle to Ganesh Travel Agency and had nothing to do with the drugs. Her advocate argued that she is only the ‘RC owner of the bus in question.” She was not operating it and had no nexus with the alleged crime.

The government advocate argued that though notices were issued to her, she has not produced any documents to show that there was an agreement or contract between her and Ganesh Travels. Therefore, she had to face trial in the case.

The HC noted that Manjula had obtained anticipatory bail after the case was registered by claiming that the vehicle was being operated by Ganesh Travels. But she had not furnished the same documents before the investigating officer.

Through a power of attorney, she had also released the vehicle to her interim custody. Dismissing her petition, the HC said, “For the reasons best known to her, the petitioner is not ready to disclose the alleged contract between her and Ganesh Travels to operate the bus in question.

In the absence of the same, there is prima facie material to proceed against the petitioner.” “It is for the prosecution to establish the guilt of the petitioner during the trial. In the absence of materials to show that at the time of incident, the vehicle was in the custody of Ganesh Travels and she had no control over the transportation business run by Ganesh Travels and at this stage, barely on the say of the petitioner that the vehicle is given to Ganesh Travels, the proceedings cannot be quashed,” the HC said in its judgement.