Kerala High Court
Muhammed Sobah vs State Of Kerala on 20 August, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:62087
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 18TH DAY OF AUGUST 2025/27TH SRAVANA, 1947
CRL.MC NO. 7056 OF 2025
PETITIONER:
MUHAMMED SOBAH
AGED 28 YEARS, S/O HAWWA MOHAMED
RESIDING AT KUDADHAHARAAGE, ALI KATHEEB MAGU,
G A VILINGILI, MALE, MALDIVES, P P LA11E9899
PRESENTLY DETAINED AT TRANSIT HOME (SHERIN NIVAS),
MAYYANADU, KOTTIYAM, KERALA, PIN - 691571
BY ADV KUM.NIHARIKA HEMA RAJ
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 UNION OF INDIA
REPRESENTED BY THE MINISTRY OF HOME AFFAIRS,
NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI,
PIN - 110001
3 THE FOREIGNERS REGIONAL REGISTRATION OFFICER (FRRO)
COCHIN INTERNATIONAL AIRPORT, 2ND FLOOR,
AIRLINES BUILDING, NEDUMBASSERY, ERNAKULAM,
PIN - 683111
4 INTELLIGENCE OFFICER
NARCOTICS CONTROL BUREAU, SUB ZONE KOCHI,
PIN - 682037
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BY ADVS.
SHRI.R.VINU RAJ, SPL. P. P. NARCOTICS CONTROL BUREAU
SHRI.K.K.SUBEESH
SMT. O.M. SHALINA, FOR DSGI.
SRI. AJITH MURALI, PP.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.08.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Dated this the 20th day of August, 2025
The petitioner, a Maldivian national, was
the accused in S.C.No.780 of 2019 on the files of
the Additional Sessions Court-VII, Ernakulam,
wherein he faced trial for the offences under Section
8(c) read with 20(b)(ii)(C), 23(c), 28 and 29 of the
Narcotic Drugs and Psychotropic Substances Act,
1985 and got acquitted. From the date of his arrest
on 05.03.2019 till he was acquitted vide judgment
dated 04.09.2023, the petitioner continued in
custody. After acquittal, the petitioner was detained
in a Transit Home (Detention Centre) on the basis of
an order issued by the 3rd respondent. While so, the
petitioner filed W.P.(C).No.40905 of 2023 before the
High Court challenging his continued detention and
praying for deportation. In the meanwhile, the 4 th
respondent preferred an appeal against the
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judgment of acquittal. This Court, by Annexure I
judgment dismissed the appeal, confirming the
findings of the trial court. Thereafter, W.P.
(C).No.40905 of 2023 was disposed of vide
Annexure II judgment, directing the respondents to
immediately deport the petitioner to his home
country without further delay. This Crl.M.C is filed
since the petitioner was not deported, despite the
direction in Annexure II judgment.
2. On the matter being taken up for
consideration today, learned counsel for the
petitioner submitted that the 3rd respondent had,
vide letter dated 08.08.2025, addressed the Joint
Secretary, Ministry of External Affairs, to take up
the petitioner's matter with the Maldivian High
Commission for issuance of travel documents, in
order to facilitate his deportation to Maldives.
Acceding to the request, a Note Verbale was issued
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to the Consulate General of the Republic of
Maldives, Thiruvananthapuram, informing about the
petitioner's acquittal and requesting to arrange
travel documents for his deportation. Accordingly,
the Consulate General of the Republic of Maldives
issued an emergency travel document. On the
strength of the aforementioned documents, the
petitioner has booked his air tickets for travelling to
Maldives on 23.08.2025.
3. Learned Counsel for the petitioner
submits that the above developments may be taken
into account and direction issued to the respondents
to take all measures for deporting the petitioner
without further delay.
4. Learned Standing Counsel for the
4th respondent submits that the Narcotics Control
Bureau has decided to prefer an appeal against the
judgment of acquittal and the appeal period not
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being over, the prayer for deportation may not be
allowed.
5. I heard the learned Central
Government Counsel also.
6. The petitioner is languishing in the
detention centre, despite his acquittal and dismissal
of the appeal filed by the Narcotics Control Bureau.
Moreover, this Court by Annexure II judgment has
directed the respondents to take steps for deporting
the petitioner immediately. Acting on the direction,
the Ministry of External Affairs had issued the Note
Verbale and the Maldivian Government has issued
travel documents to the petitioner. Since petitioner
stands acquitted of the offences alleged against
him, it is obligatory for the respondents to ensure
his return to his native country. The proposal of the
Narcotics Control Bureau to challenge the
petitioner's acquittal in appeal is not a valid ground
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for delaying the petitioner's deportation.
The Crl.M.C is hence closed, directing the
Officers concerned to take all measures for ensuring
the petitioner's deportation in accordance with the
documents produced as Annexures III to VI.
Sd/-
V.G.ARUN
JUDGE
ARK
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CRL.MC NO. 7056 OF 2025
PETITIONER ANNEXURES
ANNEXURE I A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN CRL. A. NO. 38/24 DATED 29.07.2025
ANNEXURE II A TRUE COPY OF THE JUDGMENT DATED
29.07.2025 OF THIS HON'BLE COURT IN W.P.(C)
NO. 40905 OF 2025
ANNEXURE III A TRUE COPY OF THE LETTER DATED 08.08.2025
ISSUED BY THE 3RD RESPONDENT
ANNEXURE IV A TRUE COPY OF THE LETTER DATED 12.08.2025
ISSUED BY THE MINISTRY OF EXTERNAL AFFAIRS
TO THE HIGH COMMISSION OF THE REPUBLIC OF
MALDIVES, NEW DEL
ANNEXURE V A TRUE COPY OF THE TRAVEL DOCUMENT DATED
14.08.2025 ISSUED TO THE PETITIONER BY THE
CONSULATE GENERAL OF REPUBLIC OF MALDIVES,
NEW DELHI
ANNEXURE VI A TRUE COPY OF THE FLIGHT TICKET DATED
14.08.2025 FOR A SCHEDULED DEPARTURE TO
MALDIVES ON 23.08.2025
