Quashed¶42

Raghav Nair, v. the State of Kerala

Quashing of prosecution – Consumption offence under Section 27(b) NDPS Act

Kerala HC4 Mar 2025Crl.MC/1121/2025

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Case brief

AI extract

What is this about?

NDPS Act Section 27(b) consumption offence; ganja beedi smoking; seizure without chemical or forensic analysis; forwarding note and chemical analysis report missing from case records; prosecution futile absent expert report on contraband; final report and further proceedings quashed; Kerala High Court Ernakulam Crl.M.C. No.1121 of 2025; Ibnu Shijil v. State of Kerala 2024 (5) KHC 476 relied upon; Justice V.G. Arun; Varappuzha Police Station Crime No.573/2024; JFCM Court-III North Paravur CC No.242/2024.

What did the court decide?

Crl.M.C. allowed; Annexure 2 final report and all further proceedings in Crime No.573 of 2024, pending as C.C. No.242 of 2024 before the Judicial First Class Magistrate Court-III, North Paravur, quashed. ¶42

Raghav Nair, Vs the State of Kerala — Narcotics (NDPS) | Kerala HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether prosecution of the accused for consumption of a narcotic under Section 27(b) of the NDPS Act can be sustained where the seized ganja beedi was not sent for chemical/forensic analysis and no expert report exists on the nature of the contraband.

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Court's answer

Under Section 27(b) NDPS Act (consumption cases) the crucial factor is whether the accused actually consumed a narcotic or psychotropic substance, and the seized article must be subjected to chemical analysis for such ascertainment.

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Ratio / Principle

Adopting Ibnu Shijil, where the seized contraband was not forensically examined and no expert report exists on its nature, continuation of prosecution is a futile exercise; here the remaining part of the smoked beedi was seized but was never sent for chemical analysis.

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Key takeaways

Accordingly, the Annexure 2 final report and all further proceedings in Crime No.573 of 2024, pending as C.C. No.242 of 2024 before the Judicial First Class Magistrate Court-III, North Paravur, are quashed.ratio¶42

Detailed headnote1 paragraphs

Quashing of prosecution — Consumption offence under Section 27(b) NDPS Act — Petitioner allegedly found smoking ganja beedi at about 12.15 a.m. on 23.08.2024 at Varappuzha; arrested and remaining part of smoked beedi seized, but the seized article was not sent for chemical analysis; Public Prosecutor conceded forwarding note/chemical analysis report unavailable in case records; Court held that the crucial factor in Section 27(b) cases is whether the accused actually consumed a narcotic or psychotropic substance, ascertainable only by chemical analysis of the seized article, and that in the absence of forensic examination or expert report on the nature of the contraband continuation of prosecution is futile (relying on Ibnu Shijil v. State of Kerala, 2024 (5) KHC 476); Annexure 2 final report dated 09-09-2024 and all further proceedings in Crime No.573/2024 (C.C. No.242/2024, JFCM Court-III, North Paravur) quashed.

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2025:KER:20755

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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 V.G.ARUN

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TUESDAY, THE 4TH DAY OF MARCH 2025 / 13TH PHALGUNA, 1946

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CRL.MC NO. 1121 OF 2025

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CRIME NO.573/2024 OF Varappuzha Police Station, Ernakulam

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 IN CC NO.242 OF 2024 OF JUDICIAL FIRST CLASS MAGISTRATE

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COURT- III, NORTH PARAVUR

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PETITIONER/ACCUSED:

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RAGHAV NAIR
AGED 34 YEARS
S/O MADHAVA NAIR , LAKSHMI MADHAVAM ,CHAITHANYA
LANE ,ELAMAKKARA , KANAYANNUR TALUK, ERNAKULAM
DISTRICT,, PIN - 682026

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BY ADVS.
AJAY BEN JOSE
HARIKRISHNAN S.
NAVEEN A.VARKEY
ANAVADYA SANIL KUMAR

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RESPONDENTS/COMPLAINANT AND STATE:

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1 THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM –, PIN - 682031

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2 THE STATION HOUSE OFFICER VARAPUZHA POLICE STATION , ERANAKULAM DISTRICT, PIN - 683517

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PP M.C.ASHI

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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2025:KER:20755

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Crl.M.C.No.1121 of 2025

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ORDER

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Dated this the 4 th day of March, 2025

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Petitioner is the sole accused in Crime No.573 of 2024 registered at the Varappuzha Police Station alleging commission of offence punishable under Section 27(b) of the NDPS Act, now pending as C.C No.242 of 2024 on the files of the Judicial First Class Magistrate Court-III, North Paravur.

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The prosecution allegation is that, at around 12.15 a.m. on 23.08.2024, petitioner was found smoking a beedi and the smoke he exhaled had the smell of ganja. As it became evident that the petitioner was smoking ganja beedi, he was arrested and the beedi containing ganja seized. The petitioner is seeking to get the proceedings against him quashed, mainly on the ground that the beedi allegedly seized

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Crl.M.C.No.1121 of 2025

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2025:KER:20755

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was not send for analysis and there is no evidence that he was smoking beedi filled with ganja.

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Learned Counsel for the petitioner submitted

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that there cannot be successful prosecution without first ascertaining whether the article seized contains ganja, by subjecting it to chemical analysis. In support of the contentions reliance in placed on the decision in Ibnu Shijil v. State of Kerala [2024 (5) KHC 476].

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Learned Public Prosecutor submits on

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instructions that copy of the forwarding note or report of chemical analysis are not available in the records of the case.

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Section 27 of the NDPS Act prescribes

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punishment for consumption of any narcotic drug or psychotropic substance and as per Section 27(b), if the narcotic drug or psychotropic substance consumed is

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2025:KER:20755

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Crl.M.C.No.1121 of 2025

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other than those specified in Clause (a), the accused can be punished with imprisonment for a term which may extend to six months or with a fine which may extend to Rs.10,000/- or with both. Therefore, the crucial factor to be ascertained is whether the accused had consumed any narcotic or psychotropic substance. For such ascertainment, the seized article should be subjected to chemical analysis. In the case at hand, even though remaining part of the beedi smoked by the petitioner was seized, it was not sent for chemical analysis. As rightly held by this Court in Ibnu Shijil (supra), in the absence of forensic examination or report from the expert regarding the nature of the contra band, continuation of prosecution will be a futile exercise.

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2025:KER:20755

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Crl.M.C.No.1121 of 2025

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For the aforementioned reasons, the Crl.M.C. is allowed. Annexure 2 final report and all further proceedings in Crime No.573 of 2024 registered at the Varappuzha Police Station, pending as C.C. No.242 of 2024 on the files of the Judicial First Class Magistrate Court-III, North Paravur, is quashed.

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Sd/V.G.ARUN JUDGE

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SSK/04/03

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2025:KER:20755

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Crl.M.C.No.1121 of 2025

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APPENDIX OF CRL.MC 1121/2025

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PETITIONER ANNEXURES

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Annexure 1CRTIFIED COPY OF THE FIR DATED 23-08-2024
OF VARAPUZHA POLICE STATION

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Annexure 2CERTIFIED COPY OF FINAL REPORT DATED 09-09-
2024

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RESPONDENTS EXHIBITS : NIL

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TRUE COPY

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P.A. TO JUDGE

Raghav Nair, v. the State of Kerala

Case brief

What is this about?

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Raghav Nair, v. the State of Kerala

Case brief

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