Single judge dismissed a criminal miscellaneous petition seeking quashing of prosecution under the NDPS Act. The court found materials available for trial and held that legality of seizure and entitlement to defense are trial court matters.
Petition to quash prosecution dismissed in limine without admission to files.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
WEDNESDAY, THE 4TH DAY OF MARCH 2015/13TH PHALGUNA, 1936
Crl.MC.No. 466 of 2015 (E)
C.C.NO.2997/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KARUNAGAPPALLY
PETITIONER/2ND ACCUSED :-
BINDU KUMAR B, "BINDU SADANAM", KULANGARABHAGOM, CHAVARA P.O., KOLLAM, PIN - 691 583. NOW RESIDING AT: KOCHUTHENGUVILA VEEDU, MARANADU P.O., EZHUKONE, KOLLAM - 691 505.
BY ADV. SRI.S.S.RAJESH
RESPONDENTS :-
1. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, KARUNAGAPPALLY - 691 506.
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY SMT.S.HYMA, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No. 466 of 2015 (E)
APPENDIX
PETITIONER(S)' ANNEXURES :-
ANNEXURE I :- TRUE COPY OF THE CRIME AND OCCURRENCE REPORT.
ANNEXURE II :- TRUE COPY OF THE REPRESENTATION DATED 03/11/2014 BY THE PETITIONER TO THE EXCISE MINISTER.
ANNEXURE III :- TRUE COPY OF THE SUMMONS ISSUED TO THE PETITIONER DATED 18/01/2015.
RESPONDENT(S)' EXHIBITS :- NIL
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//TRUE COPY//
P.A. TO JUDGE
P.UBAID, J.
Crl.M.C.No.466 of 2015
-----------------------------------------------------------Dated this the 4th day of March, 2015
ORDER
The petitioner herein is the second accused in C.C.No.2997 of 2014 of the Chief Judicial First Class Magistrate Court, Karunagappally. The petitioner was arrested by the police on the spot when found in possession of some quantity of ganja. Seizure of ganja from his possession was made after seizure of ganja from first accused. On the basis of the two seizures, the police registered FIR, and after investigation submit final report in Court under Section 20(b)(ii)A of the NDPS Act. The petitioner seeks orders quashing the prosecution as against him on the ground that there is absolutely no material to incriminate him. On hearing both sides and on perusal of the prosecution records including the seizure mahazer prepared by the police on the spot, I find that materials are there for a prosecution against the petitioner. The seizure mahazer shows that some quantity of ganja was in fact seized from his possession.
Crl.M.C.No.466 of 2015
2
Whether the seizure is legal or true or whether the accused is entitled for the benefit of any defence during trial, are all matters to be decided by the trial court. I find no reason or ground to interfere at this stage and to quash the prosecution. In view of the materials for a prosecution under Section 20(b)(ii)A of the NDPS Act against the accused, the petitioner will have to face trial before the learned Magistrate.
In the result, the petition is dismissed in limine, without being admitted to files.
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//TRUE COPY//
P.A. TO JUDGE
1 issue framed by the court
Whether the prosecution against the second accused in possession of ganja should be quashed for lack of incriminating material.
1 provisions across 1 enactments
BINDU KUMAR B
STATE OF KERALA
P. UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
