Single judge of Kerala HC dismissed criminal miscellaneous petition seeking quashing of pending NDPS trial proceedings initiated in 2014. Court declined interference as trial had been scheduled and charges framed recently, leaving contentions open.
Crl.MC closed with contentions of petitioner left open; no quashing of proceedings granted.
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.V.KUNHIKRISHNAN
TUESDAY, THE 26TH DAY OF SEPTEMBER 2023 / 4TH ASWINA, 1945
CRL.MC NO. 3298 OF 2015
AGAINST THE ORDER/JUDGMENT IN SC 1731/2014 OF DISTRICT COURT & SESSIONS COURT, THIRUVANANTHAPURAM
PETITIONER/ACCUSED NO.2:
SADIK.M AGED 35 YEARS, S/O MOHAMMED, 2/1 SV, AMBALAKARA STREET, KATTUTHALAIVASAL, KARAIKUDI TALUK, TAMIL NADU.
BY ADVS. SRI.B.RAMAN PILLAI (SR.) SRI.R.ANIL SRI.T.ANIL KUMAR SRI.MANU TOM SRIA.RAJESH SRI.M.SUNILKUMAR SRI.SUJESH MENON V.B. SRI.THOMAS ABRAHAM NILACKAPPILLIL SRI.M.VIVEK
RESPONDENTS/COMPLAINANT AND STATE:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2 SUPERINTENDENT OF CUSTOMS AIR INTELLIGENCE UNIT, AIR CUSTOMS, INTERNATIONAL AIRPORAT, THIRUVANANTHAPURAM.
BY ADVS. SRI.C.P.UDAYABHANU N.NAGERESH (ASST.S.G OF INDIA) N.NAGERESH ASST.S.G OF INDIA SRI.P.C.IYPE SPECIAL PP C SRI.SASTHAMANGALAM AJITHKUMAR PP FOR CUSTOMSCOCHIN COMMISS SRI.P.C.IYPE SRI.THOMAS MATHEW NELLIMOOTTILSCCB EX SMT.PREETHA S. NAIR, SC, CENTRAL BOARD OF EXCISE amp CUSTO
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CRL.MC NO.3298 OF 2015
ADV. P.G. JAYASHANKAR PGJ
OTHER PRESENT:
SANAL P RAJ PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO.3298 OF 2015
P.V.KUNHIKRISHNAN
- - - - - - - - - - - - - - - - - - - - - CRL.MC No.3298 of 2015
- - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of September, 2023
ORDER
This Crl.MC is filed to quash the proceedings in S.C No.1731/2014 on the files of the Sessions Court, Thiruvananthapuram. The above case is filed alleging offences under the NDPS Act. This Crl.MC is pending before this Court from 2015 onwards. There is no interim order passed in this case. There is no representation for the petitioner.
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CRL.MC NO.3298 OF 2015
case is posted to 29.09.2023 for scheduling the trial. In such circumstances, this Court need not interfere with the case because the session case is registered in the year 2014. All the contentions raised by the petitioner in this Crl.MC are left open.
With the above observations, this Crl.MC is closed.
Sd/-
P.V.KUNHIKRISHNAN JUDGE
bng
CRL.MC NO.3298 OF 2015
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APPENDIX OF CRL.MC 3298/2015
PETITIONER ANNEXURES
| ANNEXURE | A THE CERTIFIED COPY OF THE COMPLAINT FILED BEFORE THE SESSIONS COURT (SPECIAL COURT FOR TRIAL OF OFFENCES UNDER NDPS ACT) THIRUVANANTHAPURAM AS O.S.79 OF 2003 NOW PENDING BEFORE THAT COURT AS S.C.NO.1731 OF 2014. |
|---|---|
| ANNEXURE | B THE TRUE COPY OF THE ORDER DATED 26.8.2014 IN CRIMINAL MISCELLANEOUS APPLICATION FOR REGULAR BAIL NO.8595 OF 2014 OF THE HON'BLE HIGH COURT OF GUJARAT AT AHMEDABAD. |
| ANNEXURE | C THE TRUE COPY OF THE PETITIONER'S PASSPORT BEARING NO.K.9947483. |
| ANNEXURE | D THE TRUE COPY OF THE DRIVING LICENSE OF THE PETITIONER BEARING NO.TN63Z20090001762. |
| ANNEXURE | E THE TRUE COPY OF THE AFFIDAVIT FILED BY THE COUNSEL FOR PETITIONER DATED 5.11.2014. |
| ANNEXURE | F THE TRUE COPY OF THE FREE TRANSLATION OF THE CONFESSION STATEMENT GIVEN BY SHIEK ABDUL KHADER (ACCUSED NO.1). |
| ANNEXURE | G THE TRUE COPY OF THE FREE TRANSLATION OF THE SEARCH MAHAZAR DATED 8.10.2003 CONDUCTED AT THE HOUSE OF DURAI @ SATHIK. |
| ANNEXURE | G1 THE TRUE COPY OF FREE TRANSLATION OF SEARCH MAHAZAR DATED 13.10.2003 CONDUCTED AT THE HOUSE OF AMINAMMAL. |
| ANNEXURE | H THE TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY ALI JAMAATHUL ASHABUL- HAMEEDIYAVAL KADRIYA, NAGORE TAMIL NADU WITH ENGLISH TRANSLATION. |
| ANNEXURE | I THE TRUE COPY OF TRANSFER CERTIFICATE ISSUED FROM GOVERNMENT HIGHER SECONDARY |
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CRL.MC NO.3298 OF 2015
SCHOOL UNDER DEPARTMENT OF SCHOOL EDUCATION, GOVT. OF TAMIL NADU DATED 6.2.2013 WITH ENGLISH TRANSLATION.
ANNEXURE J THE CERTIFIED COPY OF THE ORDER DATED 17.12.2014 DISMISSING CRL.M.P.NO.2750 FP 2014 IN S.C.NO.1731 OF 2014 ON THE FILES OF SESSIONS COURT, THIRUVANANTHAPURAM.
2 issues framed by the court
Whether the High Court should intervene in pending NDPS proceedings registered 10 years prior to the application.
Whether the disposal of the quashing petition on merits is required when the trial court has recently framed charges.
SADIK.M
STATE OF KERALA
SUPERINTENDENT OF CUSTOMS AIR INTELLIGENCE UNIT, AIR CUSTOMS, INTERNATIONAL AIRPORAT, THIRUVANANTHAPURAM
P.V.KUNHIKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
