RESHWANTH REDDY Vs. CIRCLE INSPECTOR OF EXCISE

JUDGEMENT

(1.) This is a miscellaneous case filed under Section 482 of the Code of Criminal Procedure, hereinafter referred to as the Cr.P.C., seeking to quash Annexure-A1 crime and occurrence report No.28/2019 of Excise Circle Office, Aluva, in the interest of justice.

(2.) The sequence of events that led to the filing of the crime can be set out first. Petitioners, who are graduates in Automobile Engineering, were recruited as Assistant Aviation Officers and were posted in Bangalore Airport for training. Thereafter they were transferred along with twelve others, to Cochin International Airport Limited (CIAL). They underwent special training in aviation fueling and defueling at M/s. Bharat Stars Service Pvt. Ltd. (BSSPL, for short) which is a joint venture of M/s. Bharat Petroleum Corporation Ltd. (BPCL). Fifteen of them were thus transferred to CIAL and the BSSPL gave them accommodation in a place near to the Airport itself, near the SR Ladies Hostel and Canteen at Nedumbassery.

(3.) The allegation is that on 15.06.2019, the Excise Inspector and party found them possessing 13 grams of ganja, that is 5+4+4 grams respectively, while they were standing in front of the SR Ladies Hostel and Canteen on the Nedumbassery-Vappalassery road; they were arrested from the place and removed to the Excise Office, Aluva and on 16.06.2019 all the three were produced before Court, but were granted bail. But unfortunately, one of the sureties did not carry proper tax receipt so that they could not be released on bail and thus were remanded in judicial custody. They were released on bail only on 17.06.2019.