Dismissed

Anwar v. State of Kerala

Kerala HC6 Jul 2021Crl.MC/2937/2021

Case brief

AI extract

What is this about?

The High Court dismissed a criminal miscellaneous application seeking quashing of criminal proceedings involving hashish oil seizure. It refused to exercise inherent jurisdiction under Section 482 Cr.P.C., noting the seriousness of the case.

What did the court decide?

The criminal miscellaneous case was dismissed; the High Court refused to interfere with the proceedings or advise the trial court to operate that same day.

Anwar Vs State of Kerala — Kerala HC (2021) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.SOMARAJAN

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TUESDAY, THE 6^TH DAY OF JULY 2021 / 15TH ASHADHA, 1943

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CRL.MC NO. 2937 OF 2021

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AGAINST THE ORDER/JUDGMENT IN SC 810/2020 OF III ADDITIONAL DISTRICT COURT, KOLLAM, KOLLAM

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PETITIONER/2ND ACCUSED:

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ANWAR, S/O. ANSARI, AGED 24 YEARS, KOTTAYIL VEETTIL, THAZHUTHALACHERRY, ADICHANALLOOR VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT -691 571.

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BY ADVS. M.KIRANLAL MANU RAMACHANDRAN T.S.SARATH R.RAJESH (VARKALA) SAMEER M NAIR

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RESPONDENTS/COMPLAINANT/STATE:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM DISTRICT – 682032

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2 THE ASSISTANT EXCISE COMMISSIONER, KOLLAM DISTRICT- 691 008.

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BY ADV. SRI.E.C.BINEESH, PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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CRL.MC NO. 2937 OF 2021

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ORDER

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Heard the counsel for the Petitioner and the learned Public Prosecutor.

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Accused No.2 came up to quash Annexure A1

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occurrence report and A2 complaint in crime No. 65/2018 of Excise Enforcement and Anti-narcotic Special Squad, Kollam District now pending as S.C.No.810/2020 of 3^rd Additional Sessions Court, Kollam, on the ground that the house from where the Hashish Oil was seized is belonged to his father and that he is an M-Tech student and what is seized is only an intermediate quantity.

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At the fag end of the argument it was

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also submitted by the learned counsel for the

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petitioner that directions may be issued to the

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trial court to consider the bail application, if

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any moved, on the dame day. Since, it is an

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application under Section 482 Cr.P.C. this Court

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cannot go into the merits and demerits of the

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CRL.MC NO. 2937 OF 2021

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case by conducting a roving enquiry especially

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in a matter of seizer of Hashish Oil from the

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house of accused No.1. Accused No.2 is

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admittedly the son of the accused No.1, who is doing M-Tech. As such, there is no reason for

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exercising the power under Section 482 Cr.P.C.

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It is also not proper to direct the

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lower court to consider the bail application on the same day in the event of the appearance of the petitioner. But I hope that the learned

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sessions judge will take up the bail application and will pass appropriate orders, taking into consideration of the seriousness of the offences

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and attending circumstances, without causing much delay.

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Crl.M.C. is dismissed.

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Sd/-

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P.SOMARAJAN JUDGE

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SPV

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CRL.MC NO. 2937 OF 2021

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APPENDIX

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PETITIONER'S EXHIBITS

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ANNEXURE A1 A TRUE COPY OF THE OCCURRENCE REPORT IN CRIME NO.65/2018 OF EXCISE ENFORCEMENT AND ANTI- NARCOTIC SPECIAL SQUAD, KOLLAM ANNEXURE A2 A CERTIFIED COPY OF THE COMPLAINT IN S.C.NO. 810/2020 OF 3^RD ADDITIONAL COURT, KOLLAM

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RESPONDENTS' EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

Anwar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Anwar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

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