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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS
Rishabh S/o Rejendra Nolakha – Appellant
Versus
State of Kerala Represented By The Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. details of the case and the seizure made. (Para 2) |
| 2. arguments regarding the legitimacy of the prosecution. (Para 4 , 5) |
| 3. court's rationale for denying the application to quash. (Para 6 , 7 , 8 , 9 , 10) |
ORDER :
C.S. DIAS, J.
1. The petitioner is the accused in S.C.No.169 of 2020 on the file of the Court of Additional Sessions Court-I (Adhoc), Alappuzha, which arises out of Crime No.149 of 2018 registered by the Alappuzha Excise Range Office, Alappuzha, for allegedly committing the offences punishable under Sections 8 (c), 22(b) and 20(b) (ii)(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act, in short).
2. The crux of the prosecution case is that, on 05.10.2018 at around 17.35 hours, while the 2nd respondent was on patrolling duty and when he reached near the SBI ATM counter in front of the Alappuzha Railway Station, he found the petitioner, who on seeing the excise party, attempted to hide himself behind the ATM counter. On intercepting and questioning the petitioner, he stated that he went to Alappuzha to meet his girl friend, a French National. The 2nd respondent informed the petitioner the right of being searched in front of a Gazetted Of
The inherent power to quash a criminal proceeding should be exercised sparingly and only when allegations do not prima facie constitute an offence.
The dismissal of the criminal miscellaneous case reiterates the principle of not allowing repetitious litigation based on previously adjudicated matters, upholding the rights conferred in prior judic....
The inherent powers to quash criminal proceedings are to be exercised with circumspection; mere allegations must be sufficient to constitute an offence.
The right to a discharge petition under Cr.P.C is guaranteed to ensure proper judicial process without preemptively dismissing cases still under review.
Inherent powers to quash proceedings are limited when allegations in FIR, taken at face value, attract offences.
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