IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 Crl.MC.No. 189 of 2008() ------------------------ SC.1147/2007 of DISTRICT & SESSIONS COURT-I, TRIVANDRUM .................... PETITIONER: ACCUSED 2 ----------------------------- S.CHANDRAN, S/O SOMAN, AGED 36 YEARS, THUNDUVILA HOUSE, NEDUMGOLAM DESOM, PARAVOOR, KOLLAM DISTRICT. BY ADV. SRI.ALEX N.MATHEW (KOLLAM) SRI.H.RAMANAN SRI.JAMES JOSE RESPONDENTS: STATE, COMPLAINANT 1 & 2 AND ACCUSED-1 --------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. S.SALIM, EXCISE CIRCLE INSPECTOR, EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, NANTHANCODE, THIRUVANANTHAPURAM. 3. B.SURESH KUMAR, -DO- -DO- 4. RAJESH, S/O RAJU, AGED 20 YEARS, LALITHA BHAVAN, SANTHAPURAM LAKSHMAN VEEDU COLONY, KADINAMUKULAM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI. P.G. THAMPI, DGP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 189 of 2008 ========================== Dated this the 15th day of January, 2008. ORDER The petitioner, who is the 2nd accused in C.R. No. 9/2006 before the Excise Enforcement and Narcotic Special Squad, Thiruvananthapuram for offences punishable under Sections 28, 29 and 21(c) of the NDPS Act, 1985 for allegedly abetting the possession by the co-accused of 2. 5 kg of harshish in a plastic cover on 20.10.2006 at about 6 p.m. on the western side of a waiting shed situated in front of Desasevani Reading Room and Library building near Sreekaryam Junction, Thiruvananthapuram, seeks to quash the proceedings in S.C. No. 1147/2007 on the file of the Sessions Court,Thiruvananthapuram. 2. Shri. P.G. Thampi, the learned Director General of Prosecution submitted that the case was actually listed for trial before the Sessions Court today and it was on the representation on behalf of the petitioner that the Sessions Judge adjourned the case to tomorrow. He further submitted that all the prosecution witnesses summoned for today have been bound over to CRL. M.C. NO. 180/2008 : 2 : tomorrow. Admittedly the petitioner did not seek a discharge during the stage of preliminary hearing under Section 227 Cr.P.C. It is only when the case was listed for prosecution evidence that the petitioner came to this Court for quashing the proceedings. Shri. P.G. Thampi submitted that the 1st accused has been languishing in prison as an undertrial prisoner and it was noticing his precarious condition that the Sessions Judge posted the case today for trial giving top priority to this case. Under these circumstances, I am not inclined to entertain this petition. The petitioner may face trial and seek an honourable acquittal if that is permissible. V. RAMKUMAR, JUDGE. rv CRL. M.C. NO. 180/2008 : 3 :