Kerala High Court
Chamika Gamage Deshappiya Corrected As ... vs The Superintendent on 15 February, 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 15th day of February 2024 / 26th Magha, 1945
CRL.MC NO. 1424 OF 2024
CRIME NO.1/2021 OF NARCOTICS CONTROL BUREAU, KOCHI, ERNAKULAM
SC 1238/2021 OF I ADDITIONAL DISTRICT COURT, THIRUVANANTHAPURAM
PETITIONERS/3RD ACCUSED:
CHAMIKA GAMAGE DESHAPPIYA CORRECTED AS K.M.THARAKA NISHANTHA
RUPASINGHE, AGED 33 YEARS, S/O.SUNIL RUPASINGHE, NO.4, MAILAGASYA,
MAILPITIYA, KANDY, SRI LANKA DETAINED AT TRANSIT HOME (DETENTION
CENTRE), MAYYANAD, KOTTIYAM, KOLLAM, PIN - 691571.
RESPONDENTS/COMPLAINANT:
1. THE SUPERINTENDENT, NARCOTICS CONTROL BUREAU, COCHIN SUB ZONE,
KOCHI, PIN - 682037.
2. THE SUPERINTENDENT, CENTRAL PRISON AND CORRECTIONAL HOME,
POOJAPPURA, THIRUVANANTHAPURAM, PIN - 695012.
3. FOREIGNERS REGIONAL REGISTRATION OFFICER (FRRO), VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695014.
4. THE MANAGER, TRANSIT HOME (DETENTION CENTRE), MAYYANAD, KOTTIYAM,
KOLLAM, PIN - 691571.
5. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME
AFFAIRS, SECRETARIAT, NEW DELHI, PIN - 110001.
This Criminal Miscellaneous case coming on for orders, upon persuing
the petition and upon hearing the arguments of SMT.NIHARIKA HEMA RAJ,
Advocate for the petitioner, SRI.RAJAGOPALAN NAIR K.R., SPL. PUBLIC
PROSECUTOR for R1 and of PUBLIC PROSECUTOR for R2, the court passed the
following:
BECHU KURIAN THOMAS, J.
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Crl.M.C. No.1424 of 2024
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Dated this 15th day of February, 2024
ORDER
The learned Standing Counsel takes notice for the first
respondent. The learned Public Prosecutor takes notice for respondents
2 and 4. The learned Central Government Counsel takes notice for
respondents 3 and 5.
2. Petitioner was the third accused in S.C.No.1238/2021 of
Additional Sessions Court, Thiruvananthapuram. He along with other
accused were acquitted by judgment dated 05.09.2023. No appeal
has been filed till date. However, petitioner and other accused are
detained at the Transit Home at Kottiyam, due to absence of travel
documents.
3. The learned Standing Counsel for the first respondent
informed that, they do not intend to prefer any appeal against the
judgment in S.C.No.1238/2021 of the Additional Sessions Court,
Thiruvananthapuram.
4. Despite the absence of an appeal, petitioner and others are
languishing in the detention centre, as they have not obtained travel
documents to return to their native country. It is undoubtedly the
responsibility of the respondents 1 and 3 to initiate appropriate steps
to enable the travel of the petitioner and others back to their native
country. It is submitted that the petitioner is now lodged with the
fourth respondent. In the above circumstances, there will be a
direction to the third and fifth respondents to initiate appropriate steps
immediately, to enable the petitioner to return to his native place,
either by providing appropriate travel documents or by intimating the
Embassy concerned for providing appropriate travel documents and
other requisite documents to enable his return. The needful shall be
done without further delay.
5. Though the learned Central Government Counsel submitted
that it is the responsibility of the Investigating Agency to have
intimated the details of persons who are lodged in the detention centre
and who have been acquitted, I am of the view that, in the present
case, such technicalities shall not stand in the way of the third
respondent initiating proceedings for return of those persons who are
detained at the transit home and who were the accused in
S.C.No.1238/2021 of the Additional Sessions Court,
Thiruvananthapuram. The direction in this order shall be treated as
sufficient intimation.
6. The learned Standing Counsel for the first respondent pointed
out that, necessary steps shall be initiated by the first respondent to
immediately intimate the third respondent for obtaining appropriate
travel documents all those persons as well.
Post on 01.03.2024
Sd/-
BECHU KURIAN THOMAS
JUDGE
Jka/15.02.23.
