ORDER :

1. The petitioner is the sole accused in S.T.No.398/2020 on the files of the Court of the Judicial Magistrate of First Class-II, Attingal. The offence alleged is punishable under Section 27(b) of the Narcotic Drugs and Psychotropic Substances Act (for short 'the NDPS Act').

2. The prosecution allegation as revealed in the final report is that on 24.01.2020 at about 2.30 a.m., the petitioner was found consuming narcotic drug in contravention of the provisions of the NDPS Act.

3. The petitioner in this Crl.M.C. prays for quashing Annexure-III final report and further proceedings against the petitioner in S.T.No.398/2020 on the files of the court below.

4. Heard the learned counsel for the petitioner and the learned Senior Public Prosecutor. I also perused the case diary and the lower court records.

5. The learned counsel for the petitioner has argued that since the conjoint reading of the First Information Statement, mahazar, the statements of witnesses recorded under Section 161 Cr.P.C. and the final report would reveal that the prosecution is not having a consistent case, Annexure-III final report and further proceedings against the petitioner cannot be sustained. It has been