Syju Thankachan vs State of Kerala - 2024 Supreme(Ker) 1432

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Ker) 1432

Syju Thankachan – Appellant
Versus
State of Kerala – Respondent

Advocates:
Advocate Appeared:
For the Appellant : S. Justus, M.N. Vedaraj & Swaraj P.S.
For the Respondent: Noushad K.A. (Government Pleader)

ORDER :

Petitioner is the second accused in C.C.No.175/2022 on the files of the Judicial First Class Magistrate Court, Kakkanad. He is facing an indictment for the offence under Sections 27(B) and 8 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act). The prosecution was initiated on the basis of an alleged statement given by the petitioner to the Investigating Officer in Crime No.1962/2021 of Palarivattom Police Station, stating that he, along with others, had consumed narcotic drugs on 29.03.2020 and on various other dates. On the basis of the above information, Crime No.1418/2021 of Infopark Police Station, was registered, and a final report has been filed.

2. Since the crime was registered on the basis of the statement given by the petitioner to the Investigating Officer in another crime, and no narcotic drugs were seized, the other accused approached this Court seeking to quash the proceedings. By judgment dated 22.02.2022 in Crl.M.C.No.995/2022 the learned Single Judge of this Court quashed the proceedings, noticing that no contraband was seized and that nothing had been recovered to prove the guilt of the accused. It was also observed that circumst

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