Anwar vs State Of Kerala
2021 Latest Caselaw 13916 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR. JUSTICE P.SOMARAJAN
      TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
                      CRL.MC NO. 2937 OF 2021
   AGAINST THE ORDER/JUDGMENT IN SC 810/2020 OF III ADDITIONAL
                   DISTRICT COURT, KOLLAM, KOLLAM
PETITIONER/2ND ACCUSED:

           ANWAR, S/O. ANSARI, AGED 24 YEARS, KOTTAYIL VEETTIL,
           THAZHUTHALACHERRY, ADICHANALLOOR VILLAGE, KOLLAM TALUK,
           KOLLAM DISTRICT -691 571.

           BY ADVS.
           M.KIRANLAL
           MANU RAMACHANDRAN
           T.S.SARATH
           R.RAJESH (VARKALA)
           SAMEER M NAIR



RESPONDENTS/COMPLAINANT/STATE:

       1   STATE OF KERALA
           REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
           KERALA, ERNAKULAM DISTRICT - 682032

       2   THE ASSISTANT EXCISE COMMISSIONER, KOLLAM DISTRICT- 691
           008.




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



     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.MC NO. 2937 OF 2021

                           1


                          ORDER

Heard the counsel for the Petitioner and the

learned Public Prosecutor.

2. Accused No.2 came up to quash Annexure A1

occurrence report and A2 complaint in crime No.

65/2018 of Excise Enforcement and Anti-narcotic

Special Squad, Kollam District now pending as

S.C.No.810/2020 of 3rd Additional Sessions Court,

Kollam, on the ground that the house from where

the Hashish Oil was seized is belonged to his

father and that he is an M-Tech student and what

is seized is only an intermediate quantity.

3. At the fag end of the argument it was

also submitted by the learned counsel for the

petitioner that directions may be issued to the

trial court to consider the bail application, if

any moved, on the dame day. Since, it is an

application under Section 482 Cr.P.C. this Court

cannot go into the merits and demerits of the CRL.MC NO. 2937 OF 2021

case by conducting a roving enquiry especially

in a matter of seizer of Hashish Oil from the

house of accused No.1. Accused No.2 is

admittedly the son of the accused No.1, who is

doing M-Tech. As such, there is no reason for

exercising the power under Section 482 Cr.P.C.

4. It is also not proper to direct the

lower court to consider the bail application on

the same day in the event of the appearance of

the petitioner. But I hope that the learned

sessions judge will take up the bail application

and will pass appropriate orders, taking into

consideration of the seriousness of the offences

and attending circumstances, without causing

much delay.

Crl.M.C. is dismissed.

Sd/-

P.SOMARAJAN JUDGE SPV CRL.MC NO. 2937 OF 2021

APPENDIX

PETITIONER'S EXHIBITS

ANNEXURE A1 A TRUE COPY OF THE OCCURRENCE REPORT IN CRIME NO.65/2018 OF EXCISE ENFORCEMENT AND ANTI- NARCOTIC SPECIAL SQUAD, KOLLAM

ANNEXURE A2 A CERTIFIED COPY OF THE COMPLAINT IN S.C.NO. 810/2020 OF 3RD ADDITIONAL COURT, KOLLAM

RESPONDENTS' EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE