IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 Crl.MC.No. 3564 of 2011() ------------------------- SC.11/2010 of SPL.COURT (NDPS ACT CASES), VADAKARA .................... PETITIONER/1ST ACCUSED ----------------------------------------- ABDUL AZEEZ, S/O. KUNJU MUHAMMED, POONTHURUTHY HOUSE, AMARAMBALAM AMSOM, POOKKOTTUM PADAM DESOM, NILAMBUR. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT/COMPLAINANT/STATE ----------------------------------------------------- 1. SUB INSPECTOR OF POLICE, PERINTHALMANNA POLICE STATION, MALAPPURAM DISTRICT. 2. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: AV CRMC.NO.3564/2011 APPENDIX PETITIONER(S) ANNEXURES : ANNEXURE-I : COPY OF THE REPORT DATED 29/03/2010 OF THE GOVERNMENT ANALYST. ANNEXURE-II : COPY OF THE ANALYST REPORT DATED 07/07/2010. ANNEXURE-III : COPY OF THE FINAL REPORT ANNEXURE-IV : COPY OF THE PETITION IN C.M.P. 95/2010. ANNEXURE-V : COPY OF THE PETITION IN C.M.P 96/2010. RESPONDENTS' ANNEXURES : NIL /TRUE COPY/ P.A TO JUDGE AV N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3564 of 2011 ----------------------------------- Dated this the 9th day of November 2011 O R D E R Petitioner is the accused in S.C.No.11/2010 on the file of Special Judge, NDPS Cases, Vadakara. The offence alleged against him is under Sec.21(c) and 29(1) of NDPS Act. In the first report, it is reported that the samples contained Diacetyl Morphine (Heroin), which is commonly known as “Brown Sugar”. The learned counsel submits that the second report was also obtained with regard to the same in which it is reported as : “Based on the above findings, the material contained in the packets covered by item nos.(1) to (8) contains Diacetyl morphine (Heroin). Impure heroin is commonly known as Brown Sugar. The samples containing the following milligram percent of Morphine equivalent to Monoacetyl (morphine and diacetyl morphine. Item Nos. Milligram percent of Morphine equivalent to Monoacetyl morphine and diacetyl morphine. 1. 18.56 Crl.M.C. No.3564 of 2011 -: 2 :- 2. 19.04 3. 19.79 4. 19.61 5(1) 17.33 5(2) 18.03 6. 19.04 7. 16.23 8. 17.89 Relying upon the same, the learned counsel submits that the offence would lie only under Sec.21(b) and not under Sec.21(c). It is submitted that the charge has already been framed by the trial court and the case is posted for trial. All the material documents/records are not before the court. Therefore, the prosecution is not in a position to state whether the offence would lie under Sec.21(c) or 21(b) of the Act. However, since the charge has already been framed the trial has to proceed. This petition should not impede the trial. If the petitioner is aggrieved, he can file a petition before the trial court to cause the charge to be altered. If such a petition is filed, the learned Special Judge will consider that petition and after going through the Crl.M.C. No.3564 of 2011 -: 3 :- records, dispose of the same in accordance with law. This Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. Jvt