Kerala High Court
Jason George vs State Of Kerala on 22 November, 2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
FRIDAY, THE 22ND DAY OF NOVEMBER 2019 / 1ST AGRAHAYANA, 1941
Crl.MC.No.5903 OF 2019(G)
AGAINST THE CC 866/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -
IX, ERNAKULAM
CRIME NO.1132/2018 OF PALARIVATTOM POLICE STATION, ERNAKULAM
PETITIONER/ACCUSED:
JASON GEORGE
AGED 20 YEARS
S/O.GEORGE, 2C SHWAS APARTMENT, OPPOSITE JMR LADIES
HOSTEL, CEZ, KAKKANAD.
BY ADVS.
SRI.P.MOHAMED SABAH
SRI.LIBIN STANLEY
SMT.K.U.HASEENA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SUB -INSPECTOR OF PALARIVATTOM
POLICE STATION, ERNAKULAM DISTRICT THROUGH PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31
2 STATION HOUSE OFFICER,
PALARIVATTOM POLICE STATION, ERNAKULAM THROUGH
PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-25
PP SRI.C.K.PRASAD
THIS CRIMINAL MISC.CASE HAVING BEEN FINALLY HEARD ON
20.11.2019, THE COURT ON 22.11.2019 PASSED THE FOLLOWING:
Crl.M.C.No.5903/2019
2
R.NARAYANA PISHARADI, J
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Crl.M.C.No.5903 of 2019
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Dated this the 22nd day of November, 2019
ORDER
This is a petition filed under Section 482 Cr.P.C for quashing the proceedings against the petitioner in the case C.C.No.866/2018 on the file of the Court of the Judicial First Class Magistrate-IX, Ernakulam.
2. The petitioner is the sole accused in the aforesaid case. The offence alleged against him is punishable under Section 27 of the Narcotic Drugs And Psychotropic Substances Act, 1985.
3. The prosecution case is as follows: On 10.08.2018, the Sub Inspector of Palarivattom police station was conducting patrol duty along with police party. At about 21.30 hours, when the police party reached Priyadarshini Road at Vennala, the Sub Inspector saw a person smoking a beedi. On seeing the police Crl.M.C.No.5903/2019 3 party, the person who was smoking the beedi, threw it away. The Sub Inspector took the beedi thrown away by the aforesaid person and examined it. He then found that ganja was filled in the beedi. The Sub Inspector arrested the aforesaid person, who was the accused in this case, and seized the piece of the beedi and returned to the police station and registered Crime No.1132/2018 of Palarivattom police station under Section 27 of the Narcotic Drugs And Psychotropic Substances Act, 1985.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. Learned counsel for the petitioner has raised several contentions in support of his plea that the proceedings against the petitioner are liable to be quashed. All these contentions need not be examined here. Learned counsel for the petitioner contended that there is absolutely no material produced by the prosecution to find that the beedi which the petitioner was found smoking contained ganja. Only this contention requires to be considered for deciding this case.
6. The remnants of the beedi, which the petitioner had Crl.M.C.No.5903/2019 4 smoked, were produced before the court. However, no steps were taken by the investigating officer to send them for chemical or laboratory examination. Therefore, there is absolutely no scientific evidence to find that the beedi, which the petitioner had smoked, contained ganja.
7. Learned Public Prosecutor has submitted, on instructions, that no steps were taken for sending the remnants of the beedi for scientific examination because the accused had used the beedi till its dead end and only the remaining portion was seized. If the petitioner had smoked the beedi till its dead end, it eludes comprehension how the Sub Inspector understood that it contained ganja.
8. Nowhere in the first information report or the mahazar prepared by the Sub Inspector it is mentioned that, by the smell of the material contained in the beedi, he was convinced that it was ganja.
9. In the aforesaid circumstances, continuation of the proceedings against the petitioner would be an abuse of process of the court. Therefore, this Court is inclined to invoke the power Crl.M.C.No.5903/2019 5 under Section 482 Cr.P.C to quash the proceedings against the petitioner in the case.
Consequently, the petition is allowed. The entire proceedings against the petitioner in the case C.C.No.866/2018 on the file of the Court of the Judicial First Class Magistrate-IX, Ernakulam are hereby quashed.
(sd/-) R.NARAYANA PISHARADI, JUDGE jsr/21/11/2019 Crl.M.C.No.5903/2019 6 APPENDIX PETITIONER'S EXHIBITS:
ANNEXURE 1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.1132/2018 OF PALARIVATTOM POLICE STATION, ERNAKULAM.
ANNEXURE 2 CERTIFIED COPY OF THE FINAL REPORT FILED BY THE 1ST RESPONDENT IN CRIME NO.1132/2018 OF PALARIVATTOM POLICE STATION, ERNAKULAM ANNEXURE 3 CERTIFIED COPY OF THE SEIZURE MAHAZAR FILED BY THE 1ST RESPONDENT IN CRIME NO.1132/2018 OF PALARIVATTOM POLICE STATION, ERNAKULAM RESPONDENT'S EXHIBITS: NIL TRUE COPY PS TO JUDGE