R.SURYA Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to call for the records relating to the proceedings in Crime No.605 of 2022, dtd. 29/7/2022, on the file of the Inspector of Police, H-8, Thiruvottiyur Police Station, first respondent herein and quash the same.

(2.) The main ground of submission by the learned counsel for the petitioners is that as per the FIR allegations, on 29/7/2022, the petitioners were found to be in possession of psychotropic substances at about 12.15 p.m. under the over bridge of Thiruvottiyur Cattle Sandhai. However, the learned counsel for the petitioners submitted that this case is totally a false case for the reason that on the same date, on 29/7/2022, after 10.30 a.m., the petitioners appeared before the learned Judicial Magistrate, Katpadi, for a case registered in PRC No.31/2020 and the same was recorded in the adjudication order of the learned Judicial Magistrate, Katpadi. It is highly impossible for them to be present at the spot, where, it is alleged that they were found to be in possession of the psychotropic substances. Therefore, he submitted that the case in Crime No.605 of 2022, registered under Ss. 8(c), 22 (c) & 29 (1) of Narcotic Drugs & Psychotropic Substances Act, 1985, by the respondent police is a false case. Hence this petition.

(3.) In response, the learned Government Advocate (Crl.Side) opposed this petition on the ground that the petitioners had involved in serious NDPS offence and they are history sheeters. The petitioners were infact found in possession of the psychotropic substances and they were arrested at 12.30.p.m. on 29/7/2022 under the over bridge of Thiruvottiyur Cattle Sandhai. The plea of alibi is a question of fact and has to be proved only during the trial. It is also the case of the respondent police that the petitioners were nabbed with the psychotropic substance, which were recovered from them by following the procedures established by law and then the case was registered.