Amrutha vs State Of Kerala
2023 Latest Caselaw 1528 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
            THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
     FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
                      CRL.MC NO. 549 OF 2023
  AGAINST THE ORDER/JUDGMENT IN CR 392/2022 OF DISTRICT COURT &
                    SESSIONS COURT, ERNAKULAM
PETITIONER/3RD ACCUSED:

          AMRUTHA
          AGED 24 YEARS
          D/O AJI KUMAR, SIVASAKTHI (HOUSE NO.145),
          TC42/1449, SREEVARAHAM, VALLAKKADAVU P.O.,
          MUTTATHARA VILLAGE, THIRUVANAMTHAPURAM TALUK,
          THIRUVANAMTHAPURAM DISTRICT, PIN - 695009
          BY ADV N.L.BITTO


RESPONDENTS/STATE OF KERALA/DEFACTO COMPLAINANT:

    1     STATE OF KERALA
          REP. BY THE PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
    2     STATION HOUSE OFFICER,
          INFOPARK POLICE STATION
          KAKKANAD, KOCHI,
          ERNAKULAM DISTRICT,PIN - 682030
          SRI.G.SUDHEER, PUBLIC PROSECUTOR
     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.01.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 549 OF 2023
                                2



                          ORDER

Dated this the 20th day of January, 2023

This is a petition filed under Section 482 of the Code of

Criminal Procedure, 1973 to quash Annexure-1 FIR in crime

No.392/2022 of the Infopark police station.

2. The petitioner herein is the third accused in the

above crime, where accused Nos.1 to 3 alleged to have

committed offences punishable under Section 22(c) read with

Section 29 of the Narcotic Drugs and Psychotropic

Substances Act, 1985 (hereinafter referred as 'the NDPS Act'

for convenience).

3. Heard the learned counsel for the petitioner as well

as the learned Public Prosecutor.

4. The learned counsel for the petitioner would submit

that the prosecution allegation as to recovery of contraband

from the body of the first accused is in derogation to the CRL.MC NO. 549 OF 2023

mandate of Section 50 of the NDPS Act. Secondly, it is argued

that nothing was recovered, otherwise, from the place of

occurrence and only plastic covers were seized and therefore,

prima facie, no offence under the NDPS Act is made out. As

such Annexure-1 is liable to be quashed.

5. The learned Public Prosecutor would submit that

apart from recovery under Section 50 of the NDPS Act, 7

plastic packets with ziplock containing MDMA were recovered,

which were kept at the place of occurrence, where the

petitioner has been residing, for the purpose of sale, and the

sample of the same is forwarded to the Forensic Science

Laboratory for examination and the result is awaiting.

6. In this matter, final report not filed so far and the

investigation is going on. In so far as non-compliance of

Section 50 of the NDPS Act is concerned, I leave the same to

be agitated during trial. On perusal of the First Information

Statement, it could be gathered that contraband, for which CRL.MC NO. 549 OF 2023

compliance of Section 50 of the NDPS Act is not mandatory

also was alleged to be recovered as rightly pointed out by the

learned Public Prosecutor. Whether the seized contraband is

MDMA, in fact, is a matter to be ascertained on getting FSL

report and therefore, the investigation shall go on awaiting the

report of the FSL. In such a case, quashment of FIR as prayed

for could not be entertained. Therefore, the investigation shall

go on.

In view of the matter, the petition filed to quash

Annexure-1 FIR is found to be meritless and the same is

dismissed accordingly.

Sd/-

A. BADHARUDEEN JUDGE nkr CRL.MC NO. 549 OF 2023

APPENDIX OF CRL.MC 549/2023

PETITIONER ANNEXURES Annexure1 A CERTIFIED COPY OF THE FIR IN CRIME NO.392 OF 2022 OF THE INFOPARK POLICE STATION DATED 19/05/2022 Annexure2 A TRUE COPY OF THE SEARCH LIST IN CRIME NO.392 OF 2022 OF INFOPARK POLICE STATION DATED 18/05/2022 Annexure3 A TRUE COPY OF THE REPORT OF THE INVESTIGATING OFFICER UNDER SECTION 57 OF NDPS ACT DATED 19/05/2022 Annexure4 A TRUE COPY OF THE SEIZURE MAHAZHAR IN CRIME NO.392 OF 2022 OF INFOPARK POLICE STATION DATED 3/6/2022