Aswin Shaji vs State Of Kerala

Mary Joseph, J

This petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C’) seeking to quash the final report laid by the investigating officer in crime No.29/2022 of Velloor Police Station. Judicial First Class Magistrate Court, Vaikom (for short ‘the court below’) has taken cognizance of the final report and registered S.T.No.310/2022 on its file.

The offence alleged against the petitioner is one punishable under Section 20(b)(ii)(A) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’). The copy of the final report and copy of the statement given by the Sub Inspector (Grade) of Police, Velloor dated 13.01.2022 are produced alongwith the petition on hand respectively as Annexures A1 and A2.

The contention of the learned counsel for the petitioner was that allegations in the final report are insufficient to fasten culpable liability under Section 20(b)(ii)(A) NDPS Act against the petitioner. According to her, as per the allegation of the prosecution, body search of all the three persons including petitioner herein was conducted after making to stop the motorcycle in which they were travelling and the contraband was recovered from the possession of only one person who is arraigned as the 1st accused. Nothing incriminating has been seized from the possession of the petitioner herein, who stands arrayed in the case as the 3rd accused. According to the learned counsel, there is absolutely no materials in the records of the prosecution case to connect the petitioner with the crime and Annexure A1 laid by the prosecution chargesheeting him for the offence under Section 20(b)(ii)(A) NDPS Act is only liable to be quashed.

This Court has called for a report from the learned Public Prosecutor. The learned Public Prosecutor on instructions submitted that materials are not there in the Case Diary to attract the offence allegedly committed by the petitioner. According to him as per the records of the prosecution case, search of all the three persons travelling in the motorcycle was done, but recovery of the contraband was made only from the 1st accused. The offence alleged is also one punishable under Section 20(b)(ii)(A) NDPS Act and joint liability cannot be fastened on the petitioner on it’s basis. Crl.M.C is only liable to be allowed.

In the result, Crl.M.C. is allowed. The final report laid in Crime No.29/2022 of Velloor Police Station and S.T.No.310/2022 registered on it’s basis to the extent it chargesheets the petitioner for an offence under Section 20(b)(ii)(A) NDPS Act are quashed forthwith.