IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE MARY JOSEPH THURSDAY, THE 10^TH DAY OF MARCH 2022 / 19TH PHALGUNA, 1943 CRL.MC NO. 1613 OF 2022 CRIME NO.1418/2021 OF Infopark Police Station, Ernakulam PETITIONER/1st ACCUSED:

SUNIL,AGED 35 YEARS S/O. RAJAPPAN KARAKKATTIL, KARAKKATTIL HOUSE, PIRAVOM P.O., ERNAKULAM - 686 664.

BY ADVS.BONNY BENNY BALU TOM BEJOY JOSEPH P.J.

GOVIND G. NAIR RESPONDENT/COMPLAINANT/STATE:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN – 682 031 OTHER PRESENT: PP SMT SEENA C THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

10.03.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

‘C.R.’

ORDER

Dated this the 10^th day of March, 2022.

This Crl.M.C is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short the ‘Cr.P.C.’) seeking to quash crime No.1418/2021 of Infopark Police Station, Ernakulam City, copy of which is appended to the petition on hand as Annexure A1.

2. The grievance of the petitioner was that the crime in question was registered for offences punishable under Sections 27B and 8 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act’), without any basis. According to him, as per the allegations of the prosecution, a mobile phone of the 2^nd accused was seized by the police in another crime and during examination of it some videos of the petitioner and other accused using narcotic substances on different occasions between 26.03.2020 to 25.04.2020 in a Flat namely 'Vista Flat', Edachirakara, Kakkanad were found. The mobile phone was seized and the crime in question was registered.

3. According to the learned counsel, recovery of any substances, possession or use of which is prohibited under the provisions of the NDPS Act having not been effected from the petitioner or any of his companions, the crime registered against him will not sustain. According to him, crime in question was registered only to insult him before the public and thereby to harass him. Accordingly the crime and the proceedings initiated pursuant to that are sought to be quashed.

4. The learned Public Prosecutor was directed to obtain a statement on the sustainability of the crime on the basis of the allegations of the prosecution. A statement was filed and it is revealed therefrom that on the basis of the confession statement recorded from an accused by the investigating officer in Crime No.1962/2021 and forwarded through proper channel to the police station at Infopark, Crime No.1418/2021 was registered for offences punishable under Sections 27B and 8(c) of NDPS Act against the petitioner and others. It is also stated in the report that as part of the investigation in some other crime the Inspector of Metro Police Station, Kochi City examined the mobile phone of one of the accused Mr.Syju M Thankachan. Photographs of seven persons consuming Psychotropic Substances in Vista Flat No.844 of Edachirakara, Kakkanad were found. The mobile phone and the photographs were seized by the investigating officer and produced before Judicial First Class Magistrate Court-IX at Ernakulam.

5. According to the investigating officer, pursuant to registration of crime he visited Vista Flat No.844 and prepared a scene mahazar. The possession certificate of Flat No. 844 was also obtained from Thrikkakara Municipality. His investigation revealed to him that the ownership of the Flat was retained by the petitioner and he is absconding. The petitioner was arrested on 26.01.2022. Other accused were also arrested. Confession Statements have been recorded from the arrested ones. The 2^nd accused Syju M Thankachan is involved in several other crimes, particulars of which are furnished alongwith. The report of the investigating officer has concluded by stating that the investigation in the case is progressing and sufficient circumstantial evidence have already been collected against the accused in the investigation already held. It is further reporte