ANTONY RAJU Vs. STATE OF KERALA

JUDGEMENT

(1.) These Crl.M.Cs are filed by the accused in C.C. No 811/2014, on the files of the Judicial Magistrate of First Class-I, Nedumangad. The aforesaid Calendar Case arises from Crime No. 215 of 1994 of Vanchiyoor Police Station, which was registered for the offences punishable under Sec. 120B,420,201,193 and 217 read with 34 of the Indian Penal Code. Crl.M.C. No. 5261/2022 is filed by the 2nd accused and Crl.M.C. No. 7805/2022 is filed by the 1st accused therein. The 2nd respondent is the defacto complainant. The prayer sought in these Crl.M.Cs is to quash the final report submitted therein and further proceedings pursuant to it.

(2.) The facts which led to the registration of the aforesaid crime are as follows: An Australian national, named Andrew Salvatore, was a passenger of Indian Airlines Flight I.C. 168 from Thiruvananthapuram to Mumbai on 4/4/1990. While frisking at the Thiruvananthapuram Airport, he was found in possession of two packets containing 55 gms and 6.6 gms of charas, which were kept concealed in the pocket of his underwear. Thereafter, the said person, along with the seized articles as well as his personal belongings, was entrusted with the custody of Valiyathura Police Station, and in respect of the same, Crime No 60/1990 was registered for the offence punishable under sec. 20(b)(ii) of the Narcotics Drugs and Psychotropic Substances Act (NDPS Act).

(3.) The articles seized, including the underwear of the accused therein, were produced as Thondi before the Judicial First Class Magistrate's Court-II, Thiruvananthapuram. The 1st accused herein was the Thondi Clerk, and the articles were entrusted in his custody. The 2nd accused herein was a lawyer practising in Thiruvananthapuram and was the junior lawyer who appeared for the accused, the Australian national. While arresting the accused therein, several articles, including his personal belongings, also were seized by the police and produced before the court.