Hasfar vs State Of Kerala

Kerala High Court

Hasfar vs State Of Kerala on 21 May, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
           THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
      TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                        CRL.MC NO. 3570 OF 2024
 CRIME NO.511/2019 OF Ernakulam Central Police Station, Ernakulam
AGAINST   THE    ORDER/JUDGMENT   DATED     IN   SC   NO.115   OF   2020   OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - VII, ERNAKULAM / III
ADDITIONAL MACT, ERNAKULAM
PETITIONER/ACCUSED NO.5:

           HASFAR
           AGED 24 YEARS
           S/O ASHRAF K. V., KATTAYIL HOUSE, VATTEKUNNAM ROAD,
           EDAPALLY, ERNAKULAM, PIN - 682024
           BY ADVS.
           SOHAIL MOHAMMED ANSARY
           M.S.MOHAMMED ANSARY
           AMEENA.R


RESPONDENT:

           STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
           PIN - 682031
OTHER PRESENT:

           SMT.SREEJA V (PP)


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 3570 OF 2024
                                  2

                 BECHU KURIAN THOMAS, J.
                 -----------------------------------------
                    Crl.M.C.No. 3570 of 2024
                  ----------------------------------------
              Dated this the 21st day of May, 2024


                               ORDER

Petitioner is the 5th accused in S.C No. 115 of 2020 on the files of the Additional Sessions Court-VII, Ernakulam. The offence alleged against the petitioner and the other accused are under Sections 8(b), 20(b)(ii)(a), 20(a), 20(b)(i) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. According to the prosecution, on 09-03-2019, the police party found the 2nd accused standing near the convent junction at Ernakulam under suspicious circumstances, and a search was conducted which revealed that he was in possession of a packet of ganja. Subsequent to his arrest, he confessed that the other remaining accused had helped him to grow ganja plants on the premises of Jewish Cemetery at Ernakulam and thereby the accused committed the offences alleged.

3. Sri. Sohail Mohammed Ansary, the learned counsel for the petitioner, contended that the only material against the petitioner is a confession of the co-accused, and therefore, the same cannot be regarded as sufficient to bring home the guilt of CRL.MC NO. 3570 OF 2024 3 the accused. It was further submitted that the confession of the co-accused by itself cannot be a sufficient reason to even frame a charge against the accused, and hence the prosecution proceedings ought to be interfered with under Section 482 of Cr.P.C.

4. Smt.Sreeja V., the learned Public Prosecutor, on the other hand, invited the attention of this Court to the statements of one of the witnesses and pointed out that material was available to prove that the ganja plants were cultivated at the instance of all the accused, and therefore interference of this Court under Section 482 of Cr.P.C is not warranted.

5. Though the confession of a co-accused by itself may not be sufficient reason to find the guilt of the accused, the jurisdiction of this Court under Section 482 of Cr.P.C is limited. When the materials collected by the prosecution indicate the involvement of the accused atleast, prima facie, it cannot be said that the provisions of Section 482 of Cr.P.C. ought to be exercised quash the proceedings, especially in a serious crime. The contentions now raised by the petitioner are all matters which will have to be decided after appreciation of evidence.

6. The allegations in the final report, if admitted will certainly constitute the offences alleged; hence, I am of the view CRL.MC NO. 3570 OF 2024 4 that this is not a fit case where exercising of the inherent powers to quash the proceedings is to warranted.

This Crl.M.C is dismissed.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM/21/5/24 CRL.MC NO. 3570 OF 2024 5 APPENDIX OF CRL.MC 3570/2024 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE FINAL REPORT IN CRIME NO. 511/2019 OF ERNAKULAM CENTRAL POLICE STATION.

Annexure A2 TRUE COPY OF THE ORDER DATED 1/12/2023 IN CRL. M. P. NO.

5119/2023 IN S. C. NO. 115/2020 Annexure A3 TRUE COPY OF THE ORDER DATED 01/03/2024 IN CRL. R. P. 258/2024 TRUE COPY