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2023 Supreme(Ker) 198

ZIYAD RAHMAN A. A.
Antony Raju – Appellant
Versus
State Of Kerala, Rep. By Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri.P.Vijaya Bhanu, Senior Counsel, Deepu Thankan, Ummul Fida, Lakshmi Sreedhar, R.Rajanandini Menon, Shahnas K.P, Nikita J. Mendez
For the Respondent: Sri.Vipin Narayan, Public Prosecutor, Adv. Harindranath B.G.

ORDER :

These Crl.M.Cs are filed by the accused in C.C. No 811/2014, on the files of the Judicial Magistrate of First Class-I, Nedumangad. The aforesaid Calendar Case arises from Crime No. 215 of 1994 of Vanchiyoor Police Station, which was registered for the offences punishable under sections 120B,420,201,193 and 217 read with 34 of the Indian Penal Code. Crl.M.C. No. 5261/2022 is filed by the 2nd accused and Crl.M.C. No. 7805/2022 is filed by the 1st accused therein. The 2nd respondent is the defacto complainant. The prayer sought in these Crl.M.Cs is to quash the final report submitted therein and further proceedings pursuant to it.

2. The facts which led to the registration of the aforesaid crime are as follows:

    An Australian national, named Andrew Salvatore, was a passenger of Indian Airlines Flight I.C. 168 from Thiruvananthapuram to Mumbai on 04.04.1990. While frisking at the Thiruvananthapuram Airport, he was found in possession of two packets containing 55 gms and 6.6 gms of charas, which were kept concealed in the pocket of his underwear. Thereafter, the said person, along with the seized articles as well as his personal belongings, was entrusted with the custody of Valiyath

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