Kerala High Court
Adhil Shaji vs State Of Kerala on 24 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:79395
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
CRL.MC NO. 7555 OF 2024
CRIME NO.257/2023 OF Infopark Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.193 OF 2023
OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KAKKANAD
PETITIONER/ACCUSED:
ADHIL SHAJI
AGED 24 YEARS
S/O. SHAJI, FEROZ MANZIL, T.C.1/3167, VETTUR ROAD,
KAZHAKOOTTAM P.O, MENAMKULAM, THIRUVANANTHAPURAM .
(PRESENTLY RESIDING AT SE146NY, 94B LEWISHAM WAY,
SOUTH LONDON, UNITED KINGDOM), PIN - 695582
BY ADVS.
C.Y.VINOD KUMAR
P.B.MALINI RAO
RESPONDENTS/STATE & SHO:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
INFOPARK POLICE STATION, INFOPARK CAMPUS,
KAKKANAD, ERNAKULAM, PIN - 682030
CRL.MC NO. 7555 OF 2024 2
2024:KER:79395
BY ADV.
SRI. NOUSHAD K. A. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 7555 OF 2024 3
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BECHU KURIAN THOMAS, J
.............................................
Crl.MC. No. 7555 of 2024
.......................................................
Dated this the 24th day of October, 2024
ORDER
Petitioner has invoked the jurisdiction under Section 528 of
the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash all
proceedings against him.
2. Petitioner is the sole accused in C.C. No.193/2023 on the
files of the Judicial First Class Magistrate Court, Kakkanad, which
arises out of Crime No.257/2023 of InfoPark Police Station,
registered for the offence under Section 27(b) of the Narcotic Drugs
and Psychotropic Substances Act, 1985.
3. According to the prosecution, while the police were on
patrol duty on 21.02.2023, they noticed that the accused was
lighting a beedi in front of an apartment at Kakkanad in Ernakulam
and on seeing the police, he threw the beedi and attempted to run
away. However, on apprehending the accused and from the smell
of ganja in his breath, the police realised that he was smoking a
narcotic drug and after seizing the beedi stub, petitioner was
arrested and indicted him for the offence alleged.
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4. I have heard the learned counsel for the petitioner as well
as the learned Public Prosecutor
5. Concededly, the beedi allegedly smoked by the petitioner
has not been subjected to any forensic analysis. The detecting
officer had, on the basis of sensory perception seized the beedi and
arrayed the petitioner as an accused. The learned Public Prosecutor
fairly submitted that, till date, the beedi has not been subjected to
any forensic examination and the petitioner was arrayed as an
accused without any such examination. Neither the accused nor
even the beedi was subjected to any forensic examination.
6. This Court has, in the decision of Ibnu Shijil v. State of
Kerala [2024 (5) KHC 476], observed that the investigating officers
olfactory senses cannot be the reason for initiating proceedings
under the Narcotic Drugs and Psychotropic Substances Act.
7. The aforementioned case involved a similar circumstance,
wherein this Court found that the investigating officer arraigned a
person as an accused merely on the basis of the smell of ganja on
the breath of the accused.
8. Since, admittedly, the beedi allegedly smoked by the
petitioner has not been subjected to any forensic examination, the
criminal proceedings against the petitioner have no legal basis. The
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uncontroverted allegations made in the final report and the
evidence collected in support of the same do not disclose the
commission of any offence which would make out a case against
the accused.
9. Hence the proceeding in C.C. No.193/2023 on the files of
the Judicial First Class Magistrate Court, Kakkanad, which arose out
of Crime No.257/2023 of InfoPark Police Station, is hereby quashed.
The Criminal Miscellaneous Case is allowed.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJ
2024:KER:79395
PETITIONER ANNEXURES
Annexure A1 COPY OF THE FIR IN CRIME NO. 257/2023 OF
INFO PARK POLICE STATION
Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN CC
NO. 193/23 ON THE FILES OF HON'BLE
JUDICIAL FIRST-CLASS MAGISTRATE COURT,
KAKKANAD
Annexure A3 COPY OF THE ORDER DATED 16/8/2024
CRL.M.P. NO. 2155 OF 2024 OF THE HON'BLE
JUDICIAL FIRST CLASS MAGISTRATE COURT,
KAKKANAD
