The court emphasized the necessity of providing all documents to the accused as per legal requirements before proceeding with the trial.

JUDGMENT

The above Original Petition is filed seeking the following reliefs:

“i.Direct the Hon’ble District Court, Fast Track No.1, Palakkad to forthwith consider and pass orders on Ext.P3 and P5 applications in SC No.181 of 2021 forthwith;

ii. Allow Ext.P3 and P5 application subject to any conditions as this Hon’ble Court deems fit and proper;

iii. Direct the Hon’ble District Court, Fast Track No.1, Palakkad to defer the trial in SC No.181 of 2021 forthwith and for compliance with Rule 19(4) of the Criminal Rules of Practice, Kerala ;

iv. Issue such other orders as this Hon’ble Court deems fit and proper, in the facts and circumstances of the case.”[SIC]

2. The petitioner is facing trial for the offences under Sections 20(b)(ii)B and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The grievance of the petitioner is that the entire documents relied on by the prosecution is not supplied. The petitioner filed Exts.P3 and P5 applications before the Sessions Court. But without considering the same, the learned Sessions Judge posted the case for trial to 19.07.2025. The petitioner relied the judgment of this Court in Varghese Kuruvila v. State of Kerala [ 2024 KHC 849 ] and Akhil Sabu v. State of Kerala [ 2024 (5) KHC 49 ]. Hence this original petition.

3. As per Rule 19(4) of the Criminal Rules of Practice, every accused shall be supplied with statements of witnesses recorded and a list of documents as are mentioned in Sections 173, 207 and 208 of the Code of Criminal Procedure. In addition, every accused shall be supplied with a list of the material objects which the Investigating Officer relies upon. List shall also specify statements, documents and material objects that are not relied upon by the Investigating Officer. This Court in Varghese Kuruvila’s case (supra) and Akhil Sabu’s case(supra) considered the matter in detail. Without furnishing the documents mentioned in Rule 19(4) of the Criminal Rules of Practice, the trial cannot be continued. The petitioner submitted Exts.P3 and P5 applications before the Sessions Court. There can be a direction to consider Exts.P3 and P5 before proceeding with the trial. If any document is to be supplied, the trial shall deferred till the same is served to the petitioner.

Therefore, this original petition is disposed of directing the District Court, Fast Track No.1, Palakkad to consider Exts.P3 and P5 applications before proceeding with the trial in S.C. No.181 of 2021 in the light of the observations in this judgment.

Issue copy of this judgment today itself.