Shivaprasad
High court quashes criminal proceedings
Bengaluru, June 24: In a major relief to businessman Shivaprakash alias Chippi, the High Court of Karnataka has quashed the Criminal Proceedings including FIR and Charge Sheet against him in a narcotics case filed by the drugs wing of the Central Crime Branch Police, Bengaluru.
The High Court has also quashed FIRs against actress Sanjana Galrani and Adithya Agarwal who were also accused in the case that made headlines in the state in September 2020. The order was passed on March 25, 2024 after marathon arguments that started in 2021 and the court copies were received recently by the petitioners.
Advocate Amar Correa
This case grabbed the headlines due to the naming of prominent celebrities including businessmen. The FIR was registered in the Cottonpet Police Station on September 4, 2020 based on a suo motu complaint by KC Goutham, Assistant Commissioner of Police, Anti-Narcotics Wing, Central Crime Branch who claimed to have possessed information based on statement of Mr. B.K.Ravishankar, regarding consumption of narcotics in parties organized in various hotels and other places visited by celebrities, techies and others and that he has discovered certain names of individuals and other information.
The police filed a case under Sections 21, 21(C), 22(C), 27A, 27-B and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act after questioning Mr. BK Ravishankar who is accused No.16. Over 27 people were named as accused in charge sheet, while FIR was registered against 12 people. Realtor Shivaprakash was named as accused No.1.
Contesting all the charges against him, businessman Shivaprakash successfully secured anticipatory bail from the Supreme Court, by engaging advocate Mayank Agarwal. Arguments in the High Court for Shivaprakash were addressed by Mr.Amar Correa, who highlighted that the registration of the FIR itself, against Shivaprakash, was illegal and flawed, as the complaint had not disclosed any allegations against Shivaprakash and also subsequent filing of chargesheet in the XXXIII Additional City Civil and Sessions court dealing NDPS cases, was illegal
Mr. Correa argued that accused Ravishankar has not named Shivaprakash in his statement to the police and so the proceedings stood vitiated against him. Even in the charge sheet, there was absolutely no material proof and no seizure of narcotic substances. He further argued that his client was not subjected to chemical analysis despite cooperation.
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