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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
NIKHIL DANIEL – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. petitioner accused in ndps violation. (Para 1 , 2) |
| 2. arguments on false implication and procedure. (Para 4 , 5 , 7) |
| 3. principles governing inherent powers of courts. (Para 8 , 9 , 10) |
| 4. final ruling on dismissal of the crl.m.c. (Para 11) |
O R D E R
The petitioner is the accused in C.C.No.179 of 2024 on the file of the Court of the Judicial Magistrate of First Class-I, Peerumedu ('Trial Court' in short), which has arisen from Crime No.2 of 2024 registered by the Peerumed Excise Range Office, alleging commission of the offence punishable under Section 20 (b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act , 1985 ('NDPS Act', in short).
2. The prosecution case is that, on 06.01.2024 at around 14.00 hours, at the Elappara-Bonami road, on the way to Tyford Estate, the detecting officer and the party found the petitioner in a suspicious circumstance. On questioning the petitioner, he handed over 6 grams of dried ganja, which was in his possession in contravention of the provisions of the NDPS Act. Thus, the accused has committed the above offence.
3. I have heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. The learned counsel
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