M.R. AJAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Leave Granted.

(2.) The present appeals arise from the common final judgment and order dtd. 10/3/2023 passed by the High Court of Kerala at Ernakulam in CRL.M.C.No.5261 of 2022, whereby the order taking cognizance in Crime No.215/1994 and all further proceedings pursuant to the same (C.C. No. 811 of 2014) on the files of Judicial First Class Magistrate-I, Nedumangad, were quashed and the Registry of the High Court was directed to take appropriate action against Antony Raju in accordance with the procedure set out under Sec. 195 of the Code of Criminal Procedure, 1973 [hereinafter "Cr.P.C"].

(3.) The genesis of this case dates back to the year 1990. On 4/4/1990, an FIR came to be registered bearing Crime No.60 of 1990, under Sec. 20(b)(ii) of the Narcotics Drugs and Psychotropic Substances Act, wherein an Australian national, Andrew Salvatore, was travelling from Thiruvananthapuram to Mumbai. While undergoing frisking at the airport, he was found to be in possession of 2 packets containing 55 grams and 6.6 grams of charas, which were kept concealed in the pocket of his underwear. On registration of the FIR, the person, along with the seized articles and personal belongings, were kept in the custody of the Valiyathura Police Station.