IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 Crl.MC.No. 1104 of 2011() ------------------------- SC.22/2010 of SPL.COURT (NDPS ACT CASES), VADAKARA .................... (CRIME NO.885/2009 OF VADAKARA POLICE STATION) ...... PETITIONER(S): ACCUSED: ------------------------------------------ 1. VARGHESE @ VARKEY, S/O.THOMAS @ KUTTY, KUDUMBAKKAL HOUSE, THANKAMANI, IDUKKI DISTRICT. 2. ROSHY VARGHESE, W/O.VARGHESE, KUDUMBAKKAL HOUSE, THANKAMANI, IDUKKI DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): STATE: -------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VADAKARA POLICE STATION- THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031. BY PUBLIC PROSECUTOR SMT. M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1104 of 2011 -------------------------------------- Dated this the 5th day of April, 2011. ORDER Petitioners are accused 1 and 2 in S.C.No.22 of 2010 of the court of learned Special Judge for NDPS Cases, Vadakara and Crime No.885 of 2009 of Vadakara Police Station for offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “the NDPS Act”). Case is that on 15.11.2009 ganja was seized from the possession of petitioners at the KSRTC bus stand. The Police after investigation submitted Annexure-B, final report based on which the learned Special Judge has taken cognizance. It is contended in this petition that allegations against petitioners are false and that they have been falsely implicated in the case at the instance of one Biju Varghese who owed some amount to the petitioners. Learned counsel contended that petitioners had intended to go to Kannur to meet him and as required by him got down at Vadakara bus stand and while so they were taken to the Police Station and a false case was registered against them making use of ganja brought by Biju Varghese. Going by the records it is seen that ganja (allegedly) was seized from two bags carried by petitioners. Whether the said allegation is correct or not is a matter to be decided by the learned Special Judge. Petitioners have also a contention that provisions of Sections 42 and 50 Crl.MC No.1104/2011 2 of the NDPS Act are not complied. These are all matters which the trial court has to decide at the appropriate stage. I do not find reason to quash proceeding against petitioners. Resultantly Criminal Miscellaneous Case is dismissed. THOMAS P.JOSEPH, Judge. cks