GREGORY JOHN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner seeks to quash the proceedings in S.C. No.1495/2023 on the files of the Additional Sessions Court-VII, Ernakulam, where he is arrayed as the 11th accused. The said case arose out of Crime No.476 of 2023 of Panangad Police Station. The offences alleged against the petitioner are under Sec. 22(b), 8, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').

(2.) According to the prosecution, all the accused had conspired to deal with narcotic drugs. Based on the aforesaid conspiracy, the sixth accused collected money from accused Nos.7, 8, 9, 10, 11 and 12 as directed by the third accused, and handed it over to him, who in turn gave it to the second accused and later to the first accused to procure narcotic drugs and the accused together committed the offences under Sec. 22(b), 8, 28 and 29 of NDPS Act.

(3.) Sri. Mohammed Youseef, the learned Senior Counsel, contended that the prosecution allegations against the petitioner are totally false, and he has been falsely roped in as an accused. According to the learned Senior Counsel, no materials are available with the prosecution to implicate the petitioner in any crime. The learned Senior Counsel also submitted that the petitioner is a youngster whose only default was to hand over an amount of Rs.2,300.00 through a bank transaction when the third accused had sought for a personal loan. It was further submitted that the petitioner had no knowledge about the activities of the third accused or the other accused and he is totally innocent.