Muhammedali vs State Of Kerala
2021 Latest Caselaw 16043 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE P.SOMARAJAN
        MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
                       CRL.MC NO. 3419 OF 2021
 AGAINST THE ORDER/JUDGMENT IN LP 13/2016 OF SPECIAL COURT (NDPS
                   ACT CASES), VADAKARA, KOZHIKODE
 CRIME NO.10/2015 OF THE MANJERI EXCISE RANGE OFFICE, MALAPPURAM


PETITIONER/4TH ACCUSED:

            MUHAMMEDALI
            AGED 31 YEARS
            S/O.HASSAN, MECHERI HOSUE, NEELANCHERI P.O., KILIKUNNU,
            KARUVARAKUNDU, MALAPPURAM DISTRICT.

            BY ADV SUNNY MATHEW



RESPONDENTS/COMPLAINANT:

    1       STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM-682 031.

    2       THE EXCISE INSPECTOR
            EXCISE RANGE OFFICE, MANJERI,
            MALAPPURAM DISTRICT-676 123.

            BY ADV.SRI.E.C.BINEESH, PUBLIC PROSECUTOR




     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
02.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.MC NO. 3419 OF 2021
                               2

                             ORDER

The accused No.4 came up to quash the final

report as against him on the ground that, trial

was conducted as against accused Nos.1 and 3,

wherein, though the accused No.1 was found

guilty for the offence alleged, the accused No.3

was found not guilty and acquitted and that the

accused No.4 is similarly situated with that of

accused No.3, even as per the prosecution.

Admittedly, accused No.4 has not faced the

trial. The reason for acquitting accused No.3,

and whether he is standing similarly with that

of accused No.4, cannot be considered or

adjudicated under Section 482 Cr.P.C. by

conduction a roving enquiry. But, having regard

to the submission made by the learned counsel

for the petitioner, there will be a direction to

the trial court to expedite the trial of the

said case as against accused No.4, taking into CRL.MC NO. 3419 OF 2021

consideration of ongoing pandemic Covid-19 and

all other attending circumstances. The trial

court shall explore the possibilities of

examining all the witnesses by arranging video

conferencing.

With that observation, the Crl.M.C. is

hereby dismissed.

sd/-

P.SOMARAJAN JUDGE SPV CRL.MC NO. 3419 OF 2021

APPENDIX

PETITIONER'S ANNEXURE

ANNEXURE A1. A TRUE COPY OF THE FINAL REPORT IN LP NO.,13/2016 DATED 27/2/2016 PASSED BY THE COURT OF THE SPECIAL JUDGE (NDPS ACT CASES) VATAKARA.

ANNEXURE A2 A TRUE COPY OF THE JUDGMENT DATED 23/2/2018 IN SC NO.21/2016 PASSED BY THE COURT OF SPECIAL JUDGE (NDPS ACT CASES) VATAKARA.

RESPONDENTS' ANNEXURE : NIL

//TRUE COPY//

PA TO JUDGE