ROSHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) In the petition on hand the chargesheet and all further proceedings initiated on the basis of C.C No.567/2018 registered and pending on the files of Judicial First Class Magistrate Court-II, Kollam is sought to be quashed. Petitioner is the sole accused in C.C No.567/2018. Copy of chargesheet is appended to the petition on hand as Annexure-2 and the offences alleged against the petitioner therein are those punishable under Section 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act').

(2.) The case of the prosecution was that, at 18.30 hrs on 4.4.2012 during the course of vehicle inspction at a road situated in front of Udaya Club, Asramcheri, Kollam East Village, 12.03 gms of dried Ganja was recovered from the pocket of the shirt worn by the accused who was driving an Innova Car bearing registration No.KL 37-1748, by the S.I of Police, Kollam East Police Station. The contraband was recovered after ascertaining from the person that he is not having any authority to possess the same. It is the case of the prosecution that prior to the conduct of the search, the accused has stated to the Police party that he doesn't require his body search to be held in the presence of a Gazetted Officer or Magistrate. After the seizure, the contraband alongwith the accused were taken to the Kollam East Police Station and Crime No.603/2012 was registered. The contraband as well as the accused were produced before the Judicial First Class Magistrate Court-II, Kollam. After holding the Investigation and on concluding the same Annexure-2 final report was laid chargesheeting the accused for the offence aforesaid. The final report was taken on file by the court aforesaid and C.C No.567/2018 was registered.

(3.) Sri.Shabu Sreedharan, the learned counsel for the petitioner has contended that Section 50 of NDPS Act was not complied with by the S.I of Police, Kollam, who has recovered the contraband, allegedly kept in the pocket of the shirt worn by the accused prior to holding the body search of the person. According to him, the seizure of contraband, cannot be taken as a legal one due to violation of a mandatory requirement contemplated by the NDPS Act and consequently, there is every likelihood for the trial proposed to be held against the petitioner to end in acquittal.