Kerala High Court
Hasfar vs State Of Kerala on 21 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
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
CRL.MC NO. 3570 OF 2024
CRIME NO.511/2019 OF Ernakulam Central Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.115 OF 2020 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - VII, ERNAKULAM / III
ADDITIONAL MACT, ERNAKULAM
PETITIONER/ACCUSED NO.5:
HASFAR
AGED 24 YEARS
S/O ASHRAF K. V., KATTAYIL HOUSE, VATTEKUNNAM ROAD,
EDAPALLY, ERNAKULAM, PIN - 682024
BY ADVS.
SOHAIL MOHAMMED ANSARY
M.S.MOHAMMED ANSARY
AMEENA.R
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
OTHER PRESENT:
SMT.SREEJA V (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 3570 OF 2024
2
BECHU KURIAN THOMAS, J.
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Crl.M.C.No. 3570 of 2024
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Dated this the 21st day of May, 2024
ORDER
Petitioner is the 5th accused in S.C No. 115 of 2020 on the
files of the Additional Sessions Court-VII, Ernakulam. The
offence alleged against the petitioner and the other accused are
under Sections 8(b), 20(b)(ii)(a), 20(a), 20(b)(i) and 29(1) of the
Narcotic Drugs and Psychotropic Substances Act, 1985.
2. According to the prosecution, on 09-03-2019, the police
party found the 2nd accused standing near the convent junction
at Ernakulam under suspicious circumstances, and a search
was conducted which revealed that he was in possession of a
packet of ganja. Subsequent to his arrest, he confessed that the
other remaining accused had helped him to grow ganja plants on
the premises of Jewish Cemetery at Ernakulam and thereby the
accused committed the offences alleged.
3. Sri. Sohail Mohammed Ansary, the learned counsel for
the petitioner, contended that the only material against the
petitioner is a confession of the co-accused, and therefore, the
same cannot be regarded as sufficient to bring home the guilt of
CRL.MC NO. 3570 OF 2024
the accused. It was further submitted that the confession of the
co-accused by itself cannot be a sufficient reason to even frame a
charge against the accused, and hence the prosecution
proceedings ought to be interfered with under Section 482 of
Cr.P.C.
4. Smt.Sreeja V., the learned Public Prosecutor, on the
other hand, invited the attention of this Court to the statements
of one of the witnesses and pointed out that material was
available to prove that the ganja plants were cultivated at the
instance of all the accused, and therefore interference of this
Court under Section 482 of Cr.P.C is not warranted.
5. Though the confession of a co-accused by itself may not
be sufficient reason to find the guilt of the accused, the
jurisdiction of this Court under Section 482 of Cr.P.C is limited.
When the materials collected by the prosecution indicate the
involvement of the accused atleast, prima facie, it cannot be said
that the provisions of Section 482 of Cr.P.C. ought to be exercised
quash the proceedings, especially in a serious crime. The
contentions now raised by the petitioner are all matters which
will have to be decided after appreciation of evidence.
6. The allegations in the final report, if admitted will
certainly constitute the offences alleged; hence, I am of the view
CRL.MC NO. 3570 OF 2024
that this is not a fit case where exercising of the inherent powers
to quash the proceedings is to warranted.
This Crl.M.C is dismissed.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJM/21/5/24
CRL.MC NO. 3570 OF 2024
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FINAL REPORT IN
CRIME NO. 511/2019 OF ERNAKULAM
CENTRAL POLICE STATION.
Annexure A2 TRUE COPY OF THE ORDER DATED
1/12/2023 IN CRL. M. P. NO.
5119/2023 IN S. C. NO. 115/2020
Annexure A3 TRUE COPY OF THE ORDER DATED
01/03/2024 IN CRL. R. P. 258/2024
TRUE COPY
