Shibu Thomas vs State Of Kerala

Kerala High Court

Shibu Thomas vs State Of Kerala on 23 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
      THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                      CRL.MC NO. 3347 OF 2024
     CRIME NO.527/2012 OF VEEYAPURAM POLICE STATION, ALAPPUZHA
      AGAINST THE ORDER/JUDGMENT DATED IN LP NO.3 OF 2018 OF
              ADDITIONAL DISTRICT COURT-I,MAVELIKKARA
PETITIONER/ACCUSED NO.1:

             SHIBU THOMAS
             AGED 50 YEARS, S/O KURIAN THOMAS,
             MANJAPPALLIL, CHATHANKERY, THIRUVALLA,
             PATHANAMTHITTA DISTRICT, PIN - 689101
             BY ADVS.
             GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
             MANU SRINATH
             NIMESH THOMAS
             LIJO JOHN THAMPY
             SAURAV VINOD

RESPONDENT/STATE:

             STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, PIN - 682031
             BY ADV.
             SMT.SREEJA V. (PP)



        THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON     23.05.2024,   THE   COURT   ON   THE   SAME   DAY   PASSED   THE
FOLLOWING:
 Crl.M.C.No.3347 of 2024
                                     :2:



                       BECHU KURIAN THOMAS, J.
                    ---------------------------------------
                         Crl.M.C. No.3347 of 2024
                    ---------------------------------------
                    Dated this the 23rd day of May, 2024


                                   ORDER

The petitioner was arrayed as a 1 st accused in S.C.No.883/2014 on the files of the Additional Sessions Court-I, Mavelikkara, which arose from Crime No.527/2012 of Veeyapuram Police Station. The offences alleged against the petitioner and one other accused were under Section 8(c) read with Section 22(c) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The petitioner as the 1 st accused had absconded during the trial of the proceedings and therefore the trial continued against the 2 nd accused. By judgment dated 22.03.2016, 2nd accused was acquitted. Petitioner seeks benefit of acquittal of the co-accused in this proceeding under Section 482 of the Code of Criminal Procedure (CrPC).

2. According to the prosecution, the 2 nd accused procured 96 ampules of psychotropic substances from the 1 st accused on 08.12.2012 and thereafter he was found carrying the same concealed in his body while driving around in a motor cycle and thereby the accused committed the offences alleged.

3. I have heard Sri.George Varghese - learned counsel for the petitioner as well as Smt.Sreeja V. - learned Public Prosecutor. Crl.M.C.No.3347 of 2024 :3:

4. On a perusal of the prosecution allegations and the judgment of acquittal of the 2nd accused in S.C.No.883/2014 on the files of the Additional Sessions Court-I, Mavelikkara, it is noticed that the prosecution case was that the 2 nd accused had conspired with the 1 st accused and obtained psychotropic substances and transported the same for sale. The learned Sessions Judge in the trial against the 2 nd accused came to the conclusion that there was no evidence to show that the 2nd accused had procured the contraband from the 1 st accused or even that he had entered into any criminal conspiracy. Despite the contraband being allegedly seized from the possession of the 2 nd accused, the learned Sessions Judge granted benefit of doubt to the said accused and, as mentioned above, refused to accept the theory of criminal conspiracy between A1 and A2.

5. Since the petitioner was roped into the crime on the basis of an alleged criminal conspiracy and in the judgment of acquittal of the 2 nd accused, the said criminal conspiracy was found against him which judgment has not been appealed till date, I am of the view that the substratum of the prosecution case against the petitioner has been destroyed. In such circumstances, no purpose would be achieved by continuing the prosecution against the petitioner.

Hence the proceeding against the petitioner as the 1 st accused in Crime No.527/2012 of Veeyapuram Police Station now pending as Crl.M.C.No.3347 of 2024 :4: L.P.No.3/2018 in the Additional District & Sessions Court-I, Mavelikkara, is hereby quashed.

This Crl.M.C. is allowed as above.

Sd/-

BECHU KURIAN THOMAS JUDGE anm Crl.M.C.No.3347 of 2024 :5: APPENDIX OF CRL.MC 3347/2024 PETITIONER ANNEXURES Annexure 1 CERTIFIED COPY OF FINAL REPORT IN CRIME NO. 527/2012 FILED BEFORE THE SESSIONS COURT, ALAPPUZHA DATED 23.06.2014 Annexure 2 A TRUE COPY OF THE FIR & FIS IN CRIME NO.

                   527/2012 REGISTERED AT VEEYAPURAM POLICE
                   STATION
Annexure 3         A TRUE COPY OF THE JUDGMENT DATED
                   22.03.2016 IN S. C. NO. 883/2014 BY THE
                   ADDITIONAL DISTRICT AND SESSIONS COURT -
                   I, MAVELIKKARA