Kerala High Court
Shibu Thomas vs State Of Kerala on 23 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
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
CRL.MC NO. 3347 OF 2024
CRIME NO.527/2012 OF VEEYAPURAM POLICE STATION, ALAPPUZHA
AGAINST THE ORDER/JUDGMENT DATED IN LP NO.3 OF 2018 OF
ADDITIONAL DISTRICT COURT-I,MAVELIKKARA
PETITIONER/ACCUSED NO.1:
SHIBU THOMAS
AGED 50 YEARS, S/O KURIAN THOMAS,
MANJAPPALLIL, CHATHANKERY, THIRUVALLA,
PATHANAMTHITTA DISTRICT, PIN - 689101
BY ADVS.
GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
MANU SRINATH
NIMESH THOMAS
LIJO JOHN THAMPY
SAURAV VINOD
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV.
SMT.SREEJA V. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 23.05.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.3347 of 2024
:2:
BECHU KURIAN THOMAS, J.
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Crl.M.C. No.3347 of 2024
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Dated this the 23rd day of May, 2024
ORDER
The petitioner was arrayed as a 1 st accused in S.C.No.883/2014 on
the files of the Additional Sessions Court-I, Mavelikkara, which arose
from Crime No.527/2012 of Veeyapuram Police Station. The offences
alleged against the petitioner and one other accused were under Section
8(c) read with Section 22(c) & 29 of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (NDPS Act). The petitioner as the 1 st
accused had absconded during the trial of the proceedings and therefore
the trial continued against the 2 nd accused. By judgment dated
22.03.2016, 2nd accused was acquitted. Petitioner seeks benefit of
acquittal of the co-accused in this proceeding under Section 482 of the
Code of Criminal Procedure (CrPC).
2. According to the prosecution, the 2 nd accused procured 96
ampules of psychotropic substances from the 1 st accused on 08.12.2012
and thereafter he was found carrying the same concealed in his body
while driving around in a motor cycle and thereby the accused
committed the offences alleged.
3. I have heard Sri.George Varghese - learned counsel for the
petitioner as well as Smt.Sreeja V. - learned Public Prosecutor.
4. On a perusal of the prosecution allegations and the judgment of
acquittal of the 2nd accused in S.C.No.883/2014 on the files of the
Additional Sessions Court-I, Mavelikkara, it is noticed that the
prosecution case was that the 2 nd accused had conspired with the 1 st
accused and obtained psychotropic substances and transported the
same for sale. The learned Sessions Judge in the trial against the 2 nd
accused came to the conclusion that there was no evidence to show that
the 2nd accused had procured the contraband from the 1 st accused or
even that he had entered into any criminal conspiracy. Despite the
contraband being allegedly seized from the possession of the 2 nd
accused, the learned Sessions Judge granted benefit of doubt to the said
accused and, as mentioned above, refused to accept the theory of
criminal conspiracy between A1 and A2.
5. Since the petitioner was roped into the crime on the basis of an
alleged criminal conspiracy and in the judgment of acquittal of the 2 nd
accused, the said criminal conspiracy was found against him which
judgment has not been appealed till date, I am of the view that the
substratum of the prosecution case against the petitioner has been
destroyed. In such circumstances, no purpose would be achieved by
continuing the prosecution against the petitioner.
Hence the proceeding against the petitioner as the 1 st accused in
Crime No.527/2012 of Veeyapuram Police Station now pending as
L.P.No.3/2018 in the Additional District & Sessions Court-I, Mavelikkara,
is hereby quashed.
This Crl.M.C. is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
anm
PETITIONER ANNEXURES
Annexure 1 CERTIFIED COPY OF FINAL REPORT IN CRIME
NO. 527/2012 FILED BEFORE THE SESSIONS
COURT, ALAPPUZHA DATED 23.06.2014
Annexure 2 A TRUE COPY OF THE FIR & FIS IN CRIME NO.
527/2012 REGISTERED AT VEEYAPURAM POLICE
STATION
Annexure 3 A TRUE COPY OF THE JUDGMENT DATED
22.03.2016 IN S. C. NO. 883/2014 BY THE
ADDITIONAL DISTRICT AND SESSIONS COURT -
I, MAVELIKKARA
