Kerala High Court
Ajaykrishnan vs State Of Kerala on 30 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:72653
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946
CRL.MC NO. 2964 OF 2024
CRIME NO.70/2022 OF OCHIRA POLICE STATION, KOLLAM
IN CC NO.257 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST
CLASS - I, KARUNAGAPPALLY
PETITIONER/ACCUSED:
AJAYKRISHNAN
AGED 23 YEARS
S/O UNNIKRISHNAPILLA,
APARNA HOUSE, CHANGANKULANGARA,
OACHIRA VILLAGE, KOLLAM, PIN - 690528
BY ADVS.
GOKUL D. SUDHAKARAN
VAISHNAV DATH S.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 THE SUB INSPECTOR OF POLICE,
OACHIRA POLICE STATION,
OACHIRA, KOLLAM, PIN - 690526
BY ADV. NOUSHAD K. A.
PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.09.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.M.C.No.2964 of 2024
-:2:-
BECHU KURIAN THOMAS, J.
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Crl.M.C.No.2964 of 2024
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Dated this the 30thday of September, 2024
ORDER
Petitioner is indicted for the offence under Section 27(b) of the
Narcotic Drugs and Psychotropic Substances Act, 1985 in
C.C.No.257/2022 on the files of the Judicial First Class Magistrate Court-I,
Karunagappally, arising out of Crime No.70/2022 of Ochira Police Station.
He challenges the aforesaid proceeding in this petition under Section 482
Cr.P.C.
2. Prosecution alleges that on 01.02.2022, while the detecting
officer was on patrolling duty, he found the accused smoking ganja beedi,
and he was arrested from the spot itself after seizing the beedi.
Consequent to completing the investigation, the final report was filed,
and cognizance has been taken as C.C.No.257/2022 on the files of the
Judicial First Class Magistrate Court-I, Karunagappally.
3. Sri. Gokul D Sudhakaran, the learned counsel for the
petitioner, submitted that the prosecution is liable to be quashed since a
report from Forensic Science Laboratory had not been obtained to
identify whether the seized beedi contained ganja or not. He also
submitted that the final report has been filed with all the records,
including scene mahazar and seizure mahazar on printed formats, with
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some officers filling in the blanks, thereby indicating a pre-judged
conclusion to initiate a crime.
4. Sri. Noushad.K.A, the learned Public Prosecutor, on the other
hand, contended that the jurisdiction under Section 482 Cr.P.C ought not
to be invoked.
5. On a perusal of the final report, it is noticed that the alleged
beedi, which the accused was found smoking, has not been sent for
forensic analysis, despite its seizure. Absence of forensic analysis makes
it impossible to identify whether the beedi contained ganja or not. The
offence under Section 27(b) applies only if a narcotic drug is being
consumed. Normally it is impossible for the investigating officer to
identify the person smoking ganja by mere smell. Therefore, it is not safe
to rely upon the investigation, and the final report since the beedi was
not subjected to any forensic analysis, that too in a case relating to
narcotic drugs. Hence, on that ground, the final report is liable to be
quashed.
6. Apart from the above, it needs to be mentioned that the First
Information Statement and the seizure mahazar have all been prepared
by filling up blanks in a printed format. This Court has time and again
observed that such use of printed formats for completing investigation is
to be deprecated and cannot be relied upon as it can lead to an inference
that the prosecution case is artificial. Reference in this context to the
decision in Crl.M.C.No.4537/2020 is apposite since specific direction was
issued to transmit a copy of the order to the Secretary of the Home
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Department and to the Director General of Police for issuing appropriate
directions.
7. Further, in Premchand R. v. State of Kerala [2015 (1) KLT
32] also this Court had observed in respect of offence under the Indian
Penal Code, 1860, that such printed formats ought not to be used. In a
recent judgment Jaikrishnan P. v. State of Kerala [2024 (5) KHC 615]
also this Court had observed that the use of printed formats as part of
investigation cannot be relied upon.
8. In the instant case, the seizure mahazar is prepared in a
printed format, and hence, I am of the view that the prosecution has to
be treated as artificial and unreliable. Thus, I find merit in the
contentions raised by the petitioner.
Accordingly, C.C.No.257/2022 on the files of the Judicial First
Class Magistrate Court-I, Karunagappally, is hereby quashed.
Sd/-
BECHU KURIAN THOMAS
JUDGE
jka/30.09.24.
2024:KER:72653
PETITIONER'S ANNEXURES
Annexure -AI CERTIFIED COPY OF THE F.I.R IN CRIME NO.
70/2022 OF OACHIRA POLICE STATION DATED
01-02-2022.
Annexure - AII CERTIFIED COPY OF THE FINAL REPORT FILED
BY THE 2 ND RESPONDENT IN CRIME NO.
70/2022 OF OACHIRA POLICE STATION BEFORE
THE HON'BLE JUDICIAL FIRST CLASS
MAGISTRATE COURT, 6
KARUNAGAPALLY ON 05-02-2022.
