IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 Crl.MC.No. 2183 of 2011() ------------------------- CC.500/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT, ADIMALI .................... PETITIONER/ACCUSED: ----------------------------------- FLEMY, AGED 33 YEARS, S/O.SAHADEVAN, VENAL HOUSE, PLAMALA, AANAVIRATTY, DEVIKULAM. BY ADVS. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENTS/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY EXCISE CIRCLE INSPECTOR, NARCOTIC ENFORCEMENT CODE, ADIMALY, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM COCHIN – 31 PUBLIC PROSECUTOR SRI. M.R. VENUGOPAL. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kp/ Crl.MC.No. 2183 of 2011 APPENIDX: PETITIONER'S ANNEXURES: ANNEXURE A: CERTIFIED COPY OF F.I.R. ANNEXURE B: CERTIFIED COPY OF THE CHARGE SHEET. RESPONDENT'S ANNEXURES: NIL. TRUE COPY P.A. TO JUDGE. Kp/ B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 2183 of 2011 - - - - - - - - - - - - - - - - Dated this the 21st day of July, 2011. O R D E R Heard the learned counsel for the petitioner. 2. The petitioner is the accused in Crime No. 2 of 2006 of Narcotic Enforcement Squad, Adimaly for an offence punishable under Section 20(b)(ii)(A) r/w Section 8(c) of NDPS Act, 1985 and now pending before the Judicial First Class Magistrate, Adimaly as C.C. No. 500 of 2010. The learned counsel for the petitioner states that the alleged offence took place on 13.03.2006. The charge sheet was filed on 26.08.2010 i.e., beyond the period of limitation described under Section 468 Cr.P.C. I am not aware as to whether any application for condonation of delay has been filed or not and whether the Magistrate has considered the same or not. It is open to the petitioner to file an application to drop the case before the trial court highlighting his grievances. If such an application is filed, the learned trial court shall pass appropriate orders thereon. This Crl.M.C. is disposed of as above. sd/- B.P. RAY, JUDGE. rv