Kerala High Court
K.V.Jaseem vs Sub Inspector Of Police on 12 September, 2012
Author: S.S.Satheesachandran
Bench: S.S.Satheesachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN
WEDNESDAY, THE 12TH DAY OF SEPTEMBER 2012/21ST BHADRA 1934
Crl.MC.No. 3490 of 2011 (A)
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CC.394/2010 of J.M.F.C.,THALASSERY
PETITIONER / ACCUSED : -
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1. K.V.JASEEM, S/O.MOOSA, AGED 20 YEARS,
AL-SHABAS HOUSE,
CHAMBAD AMSOM,
KOORARA ROAD,
THALASSERY.
BY ADVS.SRI.C.KHALID
SMT.P.VANDANA
SRI.PHIJO PRADEESH PHILIP
RESPONDENTS / COMPLAINANT & STATE : -
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1. SUB INSPECTOR OF POLICE,
THALASSERY - 670 101.
2. CIRCLE INSPECTOR OF POLICE,
THALASSERY POLICE STATION,
THALASSERY 670 101.
3. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROCUTOR,
HIGH COURT OF KERALA,
ERNAKULAM,
COCHIN - 31.
BY PUBLIC PROSECUTOR SRI. R. RANJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12-09-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 3490 of 2011 (A)
APPENDIX
PETITIONER'S ANNEXURES :
ANNEXURE 1 : CERTIFIED COPY OF THE CHARGE UNDER SECTION 21(a) OF
N.D.P.S. ACT SUBMITTED BY POLICE.
ANNEXURE 2 : COPY OF THE MAHAZAR REPORT SUBMITTED BY POLICE.
ANNEXURE 3 : COPY OF THE RELEVANT PAGE OF CIMS.
RESPONDENTS' ANNEXURES : NIL.
// TRUE COPY //
P.A. TO JUDGE
DMR/-
S.S.SATHEESACHANDRAN,J.
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Crl.M.C. NO. 3490 of 2011
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Dated this the 12th day of September, 2012
ORDER
Petitioner is one among the accused in a crime case involving the offence under Section 21(a) of the Narcotic Drugs and Psychotropic Substances Act 1985, for short the NDPS Act. He has filed the above petition to quash the proceedings against him invoking the inherent jurisdiction of this court under Section 482 of the Code of Criminal Procedure. The crux of the allegation is that petitioner and another (A2) were found in possession of manufactured drug which are harmful to human beings, in violation of the provisions of the aforesaid Act. Petitioner had in his possession 32 capsules of "SPASMO PROXYVON", and his companion in possession of 16 of such capsules. Such capsules fall under narcotic drug, and possession of which without permission or authority is prohibited by the provisions of the act, is the case of the prosecution. After investigation Crl.M.C. NO. 3490 of 2011 2 of the crime, report had been filed indicting both accused for the offence under Section 21(a) of the NDPS Act. Cognizance being taken, the case now awaits trial numbered as C.C.No.394/2010 before the Judicial First Class Magistrate, Thalassery.
2. Learned counsel for petitioner banking upon some annexures produced, which are stated to be relevant pages of some medical journal/book, contends that the contraband allegedly seized from the possession of the accused persons is a medicine falling under "other paracetamol Brands/Combinations". It is not a prohibited drug as alleged by the prosecution, is the submission of the counsel. Whether it is a prohibited drug falling as a narcotic drug under the Act, is a matter that has to be looked into in the trial of the case. Only on the basis of the annexures produced, which do not throw any light whether the contraband involved is a narcotic drug or not, it is not possible for this court to accept the submission made by the learned counsel for the petitioner. Reserving the right of the petitioner Crl.M.C. NO. 3490 of 2011 3 to take up whatever defences available to him under law to resist his prosecution in the pending proceedings before the Magistrate, the petition is dismissed.
S.S.SATHEESACHANDRAN JUDGE.
DMR/-