IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE MARY JOSEPH FRIDAY, THE 1^ST DAY OF APRIL 2022 / 11TH CHAITHRA, 1944 CRL.MC NO. 1729 OF 2022 PETITIONER:

ABDUL KADER @ ABU AGED 37 YEARS BAVAMANSION, CHITTOOR ROAD ERNAKULAM DISTRICT, PIN -

682018 BY ADVS.

SAIJO HASSAN U.M.HASSAN P.PARVATHY AATHIRA SUNNY P.K.ANTONY RENJINI M. RENJITH NAZRIN HALLAJ LAKSHMINARAYAN.R AKHILESH S.

K.N.MUHAMMED THANVEER ABHIRAMI DINESH ROSE MATHEW N.KRISHNA OZHAKKANAT BENOJ C AUGUSTIN RAFEEK. V.K.

RESPONDENT:

THE STATE OF KERALA REP. BY THE SUB INSPECTOR OF POLICE, INFO PARK POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM., PIN - 682031 OTHER PRESENT: PP SMT SEENA C THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

01.04.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

MARY JOSEPH., J.

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Crl.MC. No.1729 of 2022 - - - - - - - - - - - - - - - - - - - - - - - - - - -

Dated this the 1st day of April, 2022

ORDER

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 submitted by the investigating officer in Crime No.1418/2021 of Infopark Police Station, Ernakulam District, which has already been taken on file by Judicial First Class Magistrate Court, Kakkanad as C.C No.175/2022. The petitioner was arrayed as the 3^rd accused in the above crime registered for offences punishable under Sections 27(B) and 8 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “NDPS Act”). The allegation of the prosecution was that on seizure of the mobile phone of the 2^nd accused by the Police in another crime, certain videos were found there, which shows that the petitioner alongwith some other accused persons were using some narcotic substances in different occasions between 27.03.2020 till 25.04.2020 in a flat namely “Vista flat”, Edachira Kara, Kakkanad. The mobile phone was seized by the Police and the above crime was registered. True copy of the FIR is produced along with as Annexure 1.

2. When the matter was taken up for consideration, the learned Public Prosecutor, on instructions, submitted that the investigation is concluded and a final report is laid before Judicial First Class Magistrate Court, Kakkanad. A statement was also filed. Accordingly, the petition was amended incorporating a prayer to quash the final report also.

3. The contention of the learned counsel for the petitioner was that materials are not collected by the investigating agency to connect the petitioner with the drug allegedly consumed. According to him, the crime in question will not be maintainable without recovery of any prohibited substances coming under the NDPS Act, being made from the possession of the petitioner. Accordingly, the final report and further proceedings initiated pursuant thereto are sought to be quashed.

4. The learned Public Prosecutor submitted a report after obtaining materials from the investigating officer. It is found from the report that the sole basis for registration of FIR and laying of the final report was the seizure of the mobile phone from a co-accused and the visuals uploaded therein. Eventhough the prosecution has a case that the Flat where the petitioner was found from the visuals in the Mobile Phone as consuming drugs nothing incriminating was recovered therefrom despite the thorough search held there by the officials. The investigation is now concluded and a final report is found laid. Going by the final report, copy of which is furnished by the learned Public Prosecutor, it is found that evidence is not proposed to be adduced through any of the prosecution witnesses, whose list is appended with. It is also found that no witnesses are cited to prove seizure of any incriminating properties coming within the purview of NDPS Act. Seizure mahazar is prepared in the case and the seizure described therein is related to the mobile phone and the visuals contained therein. The