SUNIL Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl.M.C is filed under Sec. 482 of the Code of Criminal Procedure, 1973 (for short the 'Cr.P.C.') seeking to quash crime No.1418/2021 of Infopark Police Station, Ernakulam City, copy of which is appended to the petition on hand as Annexure A1.

(2.) The grievance of the petitioner was that the crime in question was registered for offences punishable under Ss. 27B and 8 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'), without any basis. According to him, as per the allegations of the prosecution, a mobile phone of the 2nd accused was seized by the police in another crime and during examination of it some videos of the petitioner and other accused using narcotic substances on different occasions between 26/3/2020 to 25/4/2020 in a Flat namely 'Vista Flat', Edachirakara, Kakkanad were found. The mobile phone was seized and the crime in question was registered.

(3.) According to the learned counsel, recovery of any substances, possession or use of which is prohibited under the provisions of the NDPS Act having not been effected from the petitioner or any of his companions, the crime registered against him will not sustain. According to him, crime in question was registered only to insult him before the public and thereby to harass him. Accordingly the crime and the proceedings initiated pursuant to that are sought to be quashed.