Asif vs State of Kerala

ASIF vs State of Kerala

Type Court Judgment Court Kerala Orders Decided May 24, 2024

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Citation: sooperkanoon.com/1324099
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice P.Somarajan
Decided On: May 24, 2024
Case Number: Crl.Rev.Pet/447/2024

Parties & Advocates

Appellant / Petitioner

ASIF

Respondent

State of Kerala

Excerpt

.....state of kerala represented by public prosecutor, high court of kerala, ernakulam, pin - 682031 sr pp sri c n prabhakaran this criminal revision petition having come up for admission on 24.05.2024, the court on the same day delivered the following:orderthis criminal revision is against the order dated 03.04.2024 in crl.m.p.no.84/2024 in s.c.no.771/2022 by the additional sessions court - viii, ernakulam. the revision by its nature is a misuse of process of this court as it is against the order rejecting an application for discharge pertaining to an alleged offence under sections 20(b)(ii)b, 22(a), 22(b), and 29 of the narcotic drugs and psychotropic substances act, 1985. the case was registered after the recovery of lsd stamps from accused no.1 on conducting body search as mandated under the act. on submission of final report, the accused opted to file an application for discharge ignoring the nature of the alleged offence and its gravity. the conduct of the accused itself would show that it was an attempt to drag and delay and to stall the prosecution proceedings. after the dismissal of the said application, yet again the accused came up with a revision before this court and this would show what is behind it. it is not a case wherein discharge can be granted. the present application was submitted overlooking all settled principles and also overlooking the gravity of the offence alleged and the evidence collected by the prosecution annexed to the final report submitted. the counsel for the petitioner remained absent. adv. sri. sadique appeared on behalf of the counsel appearing for the petitioner. hence, the criminal revision petition will stand dismissed in limine. sd/- p.somarajan judge msp appendix of crl.rev.pet 447/2024 petitioner annexures annexure 1 true copy of the search list prepared by the sub inspector of police thrikkakara police station, ernakulam district dated 09.03.2021 annexure 2 true copy of the final report in crime no. ernakulam district

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946 CRIME NO.184/2021 OF THRIKKAKARA POLICE STATION, ERNAKULAM AGAINST THE ORDER DATED 03.04.2024 IN CRMP 84/2024 IN SC NO.771 OF 2022 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - VIII, ERNAKULAM / IV ADDITIONAL MACT, ERNAKULAM REVISION PETITIONER/PETITIONERS/ACCUSED NOS.2 AND 3:
1 ASIF, AGED 24 YEARS, S/O. ALI, SAIDUKUDY, POOKKATTUPADY, PALLIKKUTTY, PIN- 683561, NOW RESIDING AT SAIDUKUDY, NEAR AMBUNADU PALLY, PUKKATTUPADY, POOKKOTTUMOLAM ROAD, EDATHALA P.O., ERNAKULAM DISTRICT, PIN - 683561 2 SABIQ S.A, AGED 25 YEARS, S/O. ABDUL LATHEEF, SAIDUKUDY, PANCHAYATH ROAD, EDATHALA P.O., ALUVA, PIN- 683561, NOW RESIDING AT SAIDUKUDY, NEAR SHANTHIGIRI ASHRAMA, KUNJATTUKARA, EDATHALA P.O., ALUVA, ERNAKULAM DISTRICT, PIN - 683561 BY ADVS. P.MOHAMED SABAH LIBIN STANLEY SAIPOOJA SADIK ISMAYIL R.GAYATHRI M.MAHIN HAMZA RAYEES P. ALWIN JOSEPH BENSON AMBROSE
RESPONDENT/RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 SR PP SRI C N PRABHAKARAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

This criminal revision is against the order dated 03.04.2024 in Crl.M.P.No.84/2024 in S.C.No.771/2022 by the Additional Sessions Court - VIII, Ernakulam. The revision by its nature is a misuse of process of this court as it is against the order rejecting an application for discharge pertaining to an alleged offence under Sections 20(b)(ii)B, 22(a), 22(b), and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The case was registered after the recovery of LSD stamps from accused No.1 on conducting body search as mandated under the Act. On submission of final report, the accused opted to file an application for discharge ignoring the nature of the alleged offence and its gravity. The conduct of the accused itself would show that it was an attempt to drag and delay and to stall the prosecution proceedings. After the dismissal of the said application, yet again the accused came up with a revision before this court and this would show what is behind it. It is not a case wherein discharge can be granted. The present application was submitted overlooking all settled principles and also overlooking the gravity of the offence alleged and the evidence collected by the prosecution annexed to the final report submitted. The counsel for the petitioner remained absent. Adv. Sri. Sadique appeared on behalf of the counsel appearing for the petitioner. Hence, the Criminal Revision Petition will stand dismissed in limine. Sd/- P.SOMARAJAN JUDGE msp APPENDIX OF CRL.REV.PET 447/2024 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE SEARCH LIST PREPARED BY THE SUB INSPECTOR OF POLICE THRIKKAKARA POLICE STATION, ERNAKULAM DISTRICT DATED 09.03.2021 Annexure 2 TRUE COPY OF THE FINAL REPORT IN CRIME NO. ERNAKULAM DISTRICT

Same Court & Year Kerala Orders · 2024 Same Parties ASIF vs State of Kerala Same Judge Honourable Mr. Justice P.Somarajan