Kerala High Court
Basil Saju vs State Of Kerala on 18 November, 2025
Author: C.S.Dias
Bench: C.S.Dias
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2025:KER:87968
CRL.MC NO. 8003 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 18TH DAY OF NOVEMBER 2025 / 27TH KARTHIKA, 1947
CRL.MC NO. 8003 OF 2025
AGAINST THE ORDER/JUDGMENT DATED IN ST NO.1527 OF 2023
OF JUDICIAL MAGISTRATE OF FIRST CLASS ,VAIKOM
PETITIONER/ACCUSED:
BASIL SAJU
AGED 24 YEARS
S/O SAJU PK,PALIPPANAM HOUSE, KANAYANNUR TALUK,
MULAMTHURUTHY VILLAGE, KARIKKODU KARA, ERNAKULAM
DISTRICT, PIN - 682030
BY ADVS.
SRI.V.VISAL AJAYAN
SHRI.FRANCIS THENAMPARAMBIL
RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 THE EXCISE RANGE OFFICER
EXCISE RANGE OFFICE, VAIKOM, VAIKOM PO, KOTTAYAM
DISTRICT, PIN - 686141
OTHER PRESENT:
SR PP SMT SEETHA S
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2025:KER:87968
CRL.MC NO. 8003 OF 2025
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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 18.11.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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2025:KER:87968
CRL.MC NO. 8003 OF 2025
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ORDER
Dated this the 18th day of November 2025 The petitioner is the accused in S.T. No.1527/2023 pending on the file of the Judicial First Class Magistrate, Vaikom (Trial Court), which has arisen from Crime No.30/2022 registered by the Excise Range Office, Vaikom, alleging the commission of the offences punishable under Sections 25 and 22(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
2. The petitioner's grievance is that, although the entire allegations in Annexure A3 final report is false, in order to save judicial time and to express his remorse, he decided to plead guilty to the offences that have been charged against him. Accordingly, the petitioner filed Annexure A4 application before the Trial Court to plead guilty to the charges. Nonetheless, by Annexure A5 proceeding, the Trial Court read over the plea to the accused and has issued summons to CWs1 to
6. Annexure A5 proceeding is erroneous and wrong.
++ 2025:KER:87968 CRL.MC NO. 8003 OF 2025 4 Hence, the Crl.M.C.
3. I have heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. The learned counsel for the petitioner relies on the decisions of this Court in Raseen Babu v. State of Kerala[2021 (4) KLT 22] to substantiate his contention that there is no prohibition for allowing an accused to withdraw his claim to be tried, and to plead guilty at a later stage of the proceedings, especially in view of the introduction of Section 265A of the Code of Criminal Procedure ( in short, 'Code'). Therefore, the petitioner may be permitted to plead guilty to the charges that have been charged against him.
5. On a reading of Section 265B of the Code, I find that if an accused wants to follow the procedure under Chapter XXI A of the Code, he has to file an application accompanied by an affidavit swearing that he has voluntarily preferred the said application, after understanding the nature and extent of punishment ++ 2025:KER:87968 CRL.MC NO. 8003 OF 2025 5 provided under the law. It is no longer res integra that an accused can be permitted to file an application for plea bargaining at any stage of proceedings.
In light of the provisions under Chapter XXIA of the Code and the law laid down in Raseen Babu's case(supra), I dispose of the Crl.M.C by permitting the petitioner to file an application as envisaged under Section 290 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). If such an application is filed, the Trial Court is directed to consider the application as per the procedure contemplated under Chapter XXIII of the BNSS.
Sd/-
C.S.DIAS, JUDGE rmm 18/11/2025 ++ 2025:KER:87968 CRL.MC NO. 8003 OF 2025 6 APPENDIX OF CRL.MC 8003/2025 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE CRIME AND OCCURRENCE REPORT IN CR NO 30/2022 OF EXCISE RANGE OFFICE VAIKOM DATED 1.09.2022 Annexure A2 A TRUE COPY OF THE MAHAZER IN CR NO 30/2022 OF EXCISE RANGE OFFICE VAIKOM DATED 1.09.2022 Annexure A3 A TRUE COPY OF THE FINAL REPORT IN CR NO 30/2022 OF EXCISE RANGE OFFICE VAIKOM NOW PENDING AS ST NO. 1527/2023 ON THE FILE OF HON'BLE JUDICIAL FIRST-CLASS MAGISTRATE COURT, VAIKOM DATED 31.03.2025 Annexure A4 A TRUE COPY OF THE APPLICATION TO PLEAD GUILTY FILED BY THE PETITIONER IN ST NO. 1527/2023 BEFORE HON'BLE JUDICIAL FIRST- CLASS MAGISTRATE COURT, VAIKOM DATED 23.08.2025 Annexure A5 A TRUE COPY OF THE PROCEEDINGS OF THE HON'BLE JUDICIAL FIRST-CLASS MAGISTRATE COURT, VAIKOM IN ST NO. 1527/2023 DATED 23.08.2025