Kerala High Court
Unknown vs Present on 25 February, 2016
Author: B. Kemal Pasha
Bench: B.Kemal Pasha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
MONDAY, THE 5TH DAY OF FEBRUARY 2018 / 16TH MAGHA, 1939
Crl.MC.No. 2254 of 2016
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CRMP 1275/2016 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-III,THRISSUR
CRIME NO. 550/2016 OF OLLUR POLICE STATION , TRISSUR
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PETITIONER/ACCUSED NOS 1 & 2
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1 VIPIN DAS,
AGED 38 YEARS, S/O.VASU, THOTTIPARAMBIL HOUSE,
KUTTANELLOOR, THRISSUR.
2 AFSAL,
AGED 21, S/O.ASHRAF,
OOKKAYIL HOUSE,
PERUMBILAVU, THRISSUR.
BY ADVS.SRI.P.VIJAYA BHANU, SENIOR ADVOCATE
SRI.M.REVIKRISHNAN
SMT.MITHA SUDHINDRAN
RESPONDENT/COMPLAINANT:
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STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRIT.R. RENJITH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 05-02-2018,
ALONG WITH CRL.M.C. 4870/2016 THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
sdr/-
Crl.MC.No. 2254 of 2016
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APPENDIX
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PETITIONER(S)' ANNUEXRES
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A1. TRUE COPY OF THE FIR IN CRIME NO.550/2016 OF OLLUR
POLICE STATION, THRISSUR CITY
A2 TRUE COPY OF THE REPORT SUBMITTED BY THE OLLUR
POLICE BEFORE THE JURISDICTIONAL MAGISTRATE
SEEKING TO HAVE AN ALTERNATION OF THE SECTIONS
OFFENCE
A3 TRUE COPY OF THE ORDER DATED 25/2/2016 IN CRL.MP
NO.1275/2016 IN CRIME NO.550/2016 OF OLLUR POLICE
STATION, THRISSUR CITY
RESPONDENTS ANNEXURES NIL
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/TRUE COPY/
sdr/- PA TO JUDGE
B. KEMAL PASHA, J.
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Crl.M.C.Nos.2254 & 4870 of 2016
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Dated this the 5th day of February, 2018
ORDER
Petitioners are the accused in Crime No.550 of 2016 of the Ollur Police Station, registered under Sections 41(1)(d) and 102 Cr.P.C. Through Annexure-B report, the Police have removed the aforesaid provisions under the Cr.P.C. from the crime and incorporated the offences under Sections 328 IPC and Section 18(c) of the Drugs and Cosmetics Act, 1940. The Police is allegedly conducting investigation on it.
2. The offence under Section 18(c) of the Drugs and Cosmetics Act, 1940 comes within Chapter-IV of the Drugs and Cosmetics Act, 1940. As per Section 32(1) of the Drugs and Cosmetics Act, 1940, which also comes within Chapter-IV of the Act, no prosecution under that Chapter shall be instituted except by (a) an Inspector; or (b) by an authorities gazetted officer; or (c) the person aggrieved; or (d) a Crl.M.C.Nos.2254 & 4870 of 2016 2 recognized consumer association. Here the sub Inspector of Police could not have initiated an action suo motu, when he was not authorized within the meaning of Section 32(1)(b) of the Drugs and Cosmetics Act, 1940.
3. Regarding the offence under Section 328 IPC which is incorporated in the report, the same also cannot be attracted. There is no such complaint from any quarters that any drug was attempted to be administered. There is no case that any poison, stupefying, intoxicating or unwholesome drugs were attempted to be administered to any person. Matters being so, the entire exercise made by the Police in Crime No.550 of 2016 of the Ollur Police Station are not legally sustainable. All further proceedings as against the petitioners, based on Annexure-A First Information Report and Annexure-B report, are liable to be quashed.
In the result, Crl.M.C.No.2254 of 2016 is allowed and all further proceedings as against the petitioners, based on Annexure-A First Information Report and Annexure-B report, are hereby quashed.
In the light of the findings entered by this Court in Crl.M.C.Nos.2254 & 4870 of 2016 3 Crl.M.C.No.2254 of 2016, Annexure-C order passed by the court below stands quashed. The court below shall release the properties.
B. KEMAL PASHA, JUDGE.
DSV/12/2/18