Kerala High Court
Muhammed Sobah vs State Of Kerala on 20 August, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:62087
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 18TH DAY OF AUGUST 2025/27TH SRAVANA, 1947
CRL.MC NO. 7056 OF 2025
PETITIONER:
MUHAMMED SOBAH
AGED 28 YEARS, S/O HAWWA MOHAMED
RESIDING AT KUDADHAHARAAGE, ALI KATHEEB MAGU,
G A VILINGILI, MALE, MALDIVES, P P LA11E9899
PRESENTLY DETAINED AT TRANSIT HOME (SHERIN NIVAS),
MAYYANADU, KOTTIYAM, KERALA, PIN - 691571
BY ADV KUM.NIHARIKA HEMA RAJ
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 UNION OF INDIA
REPRESENTED BY THE MINISTRY OF HOME AFFAIRS,
NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI,
PIN - 110001
3 THE FOREIGNERS REGIONAL REGISTRATION OFFICER (FRRO)
COCHIN INTERNATIONAL AIRPORT, 2ND FLOOR,
AIRLINES BUILDING, NEDUMBASSERY, ERNAKULAM,
PIN - 683111
4 INTELLIGENCE OFFICER
NARCOTICS CONTROL BUREAU, SUB ZONE KOCHI,
PIN - 682037
2025:KER:62087
CRL.MC NO. 7056 OF 2025
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BY ADVS.
SHRI.R.VINU RAJ, SPL. P. P. NARCOTICS CONTROL BUREAU
SHRI.K.K.SUBEESH
SMT. O.M. SHALINA, FOR DSGI.
SRI. AJITH MURALI, PP.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.08.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:62087
CRL.MC NO. 7056 OF 2025
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ORDER
Dated this the 20th day of August, 2025 The petitioner, a Maldivian national, was the accused in S.C.No.780 of 2019 on the files of the Additional Sessions Court-VII, Ernakulam, wherein he faced trial for the offences under Section 8(c) read with 20(b)(ii)(C), 23(c), 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and got acquitted. From the date of his arrest on 05.03.2019 till he was acquitted vide judgment dated 04.09.2023, the petitioner continued in custody. After acquittal, the petitioner was detained in a Transit Home (Detention Centre) on the basis of an order issued by the 3rd respondent. While so, the petitioner filed W.P.(C).No.40905 of 2023 before the High Court challenging his continued detention and praying for deportation. In the meanwhile, the 4 th respondent preferred an appeal against the 2025:KER:62087 CRL.MC NO. 7056 OF 2025 4 judgment of acquittal. This Court, by Annexure I judgment dismissed the appeal, confirming the findings of the trial court. Thereafter, W.P. (C).No.40905 of 2023 was disposed of vide Annexure II judgment, directing the respondents to immediately deport the petitioner to his home country without further delay. This Crl.M.C is filed since the petitioner was not deported, despite the direction in Annexure II judgment.
2. On the matter being taken up for consideration today, learned counsel for the petitioner submitted that the 3rd respondent had, vide letter dated 08.08.2025, addressed the Joint Secretary, Ministry of External Affairs, to take up the petitioner's matter with the Maldivian High Commission for issuance of travel documents, in order to facilitate his deportation to Maldives. Acceding to the request, a Note Verbale was issued 2025:KER:62087 CRL.MC NO. 7056 OF 2025 5 to the Consulate General of the Republic of Maldives, Thiruvananthapuram, informing about the petitioner's acquittal and requesting to arrange travel documents for his deportation. Accordingly, the Consulate General of the Republic of Maldives issued an emergency travel document. On the strength of the aforementioned documents, the petitioner has booked his air tickets for travelling to Maldives on 23.08.2025.
3. Learned Counsel for the petitioner submits that the above developments may be taken into account and direction issued to the respondents to take all measures for deporting the petitioner without further delay.
4. Learned Standing Counsel for the 4th respondent submits that the Narcotics Control Bureau has decided to prefer an appeal against the judgment of acquittal and the appeal period not 2025:KER:62087 CRL.MC NO. 7056 OF 2025 6 being over, the prayer for deportation may not be allowed.
5. I heard the learned Central Government Counsel also.
6. The petitioner is languishing in the detention centre, despite his acquittal and dismissal of the appeal filed by the Narcotics Control Bureau. Moreover, this Court by Annexure II judgment has directed the respondents to take steps for deporting the petitioner immediately. Acting on the direction, the Ministry of External Affairs had issued the Note Verbale and the Maldivian Government has issued travel documents to the petitioner. Since petitioner stands acquitted of the offences alleged against him, it is obligatory for the respondents to ensure his return to his native country. The proposal of the Narcotics Control Bureau to challenge the petitioner's acquittal in appeal is not a valid ground 2025:KER:62087 CRL.MC NO. 7056 OF 2025 7 for delaying the petitioner's deportation.
The Crl.M.C is hence closed, directing the Officers concerned to take all measures for ensuring the petitioner's deportation in accordance with the documents produced as Annexures III to VI.
Sd/-
V.G.ARUN JUDGE ARK 2025:KER:62087 CRL.MC NO. 7056 OF 2025 8 APPENDIX OF CRL.MC 7056/2025 PETITIONER ANNEXURES ANNEXURE I A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN CRL. A. NO. 38/24 DATED 29.07.2025 ANNEXURE II A TRUE COPY OF THE JUDGMENT DATED 29.07.2025 OF THIS HON'BLE COURT IN W.P.(C) NO. 40905 OF 2025 ANNEXURE III A TRUE COPY OF THE LETTER DATED 08.08.2025 ISSUED BY THE 3RD RESPONDENT ANNEXURE IV A TRUE COPY OF THE LETTER DATED 12.08.2025 ISSUED BY THE MINISTRY OF EXTERNAL AFFAIRS TO THE HIGH COMMISSION OF THE REPUBLIC OF MALDIVES, NEW DEL ANNEXURE V A TRUE COPY OF THE TRAVEL DOCUMENT DATED 14.08.2025 ISSUED TO THE PETITIONER BY THE CONSULATE GENERAL OF REPUBLIC OF MALDIVES, NEW DELHI ANNEXURE VI A TRUE COPY OF THE FLIGHT TICKET DATED 14.08.2025 FOR A SCHEDULED DEPARTURE TO MALDIVES ON 23.08.2025