IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 Crl.MC.No. 3680 of 2011() ---------------------------------- AGAINST THE ORDER DATED 25/10/2011 IN CRMP 3074/2011 IN SC.621/2010 of ADDL. SESSIONS COURT(ADHOC-II), ERNAKULAM. .................... PETITIONER(S): ACCUSED -------------------------------------- ANWAR, AGED 46 YEARS, S/O.HAMSA, H.NO.4/28, KARIPPALAM, MATTANCHERRY P.O., RAMASWARAM VILLAGE. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.BENOJ C AUGUSTIN SRI.SEBIN THOMAS SRI.SWATHY DAS SRI.PRATHAP PILLAI SRI.M.NOOHUKUNJU SAHIB RESPONDENT(S): COMPLAINANT & STATE ------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.3680/2011 APPENDIX PETITIONER'S ANNEXURES A1:- COPY OF THE ORDER DTD. 25.10.2011 IN CRIMINAL MP. 3074/2011 PASSED BY THE ADDL. SESSIONS COURT (ADHOC II), ERNAKULAM. RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.A. TO JUDGE tss N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3680 of 2011 ----------------------------------- Dated this the 3rd day of November 2011 O R D E R Annexure-A1 order is under challenge. The learned counsel for the petitioner/accused submits that the learned trial judge does not say that the application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice. According to the learned counsel, the evidence given by the prosecution witnesses would show that the ganja was weighed using the balance which was available in the investigation kit carried by them. According to the learned counsel, as per the provisions of the Standards of Weights and Measures Act, 1976 weighing machine should be inspected and certified periodically. If there was any such weighing machine and weights certainly that should be available in the police station. Crl.M.C. No.3680 of 2011 -: 2 :- 2. The request in the petition filed by the accused was to issue summons to cause production of the Registration and Verification Certificate of the weighing instruments available in the police station. Summons does not require production of the weighing balance and weights but only for the certificate as mentioned above. 3. The learned Public Prosecutor submits that the information received is that the weighing balance, weights etc. had already been surrendered/given to the departmental store. What is required is only production of the Registration and Verification Certificate of the weighing machine. If the document is not available, the officer concerned can file a statement narrating therein as to the relevant entries if any available in the registers concerned with regard to the same. In the result, this Crl.M.C. is disposed of in the following lines :- Summons shall be issued to the witnesses for Crl.M.C. No.3680 of 2011 -: 3 :- production of the Registration and Verification Certificate. If the concerned police officer finds that the documents are not available but at the same time, if there are entries in the registers or other documents relating to the Registration and Verification Certificate mentioned above, it shall be so stated before the trial court. The trial court will re-open the defence evidence for that purpose. N.K.BALAKRISHNAN, JUDGE. Jvt