IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 23RD MAY 2011 / 2ND JYAISHTA 1933 Crl.MC.No. 1111 of 2011(J) -------------------------- SC(NDPS) NO.2 / 2011 of SPL. COURT (NDPS ACT CASES), THODUPUZHA .................... PETITIONER/3RD ACCUSED ---------------------------------------- JOMON, S/O.JOY, KNJIRATHUNKAL HOUSE, KALLIMALI KARA, RAJAKKAD VILLAGE, UDUMBANCHOLA TALUK, IDUKKI. BY ADVS. SRI.THOMAS ANTONY SRI.T.G.RAGESH SRI.VINO JOSE RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1111 of 2011 -------------------------------------- Dated this the 23rd day of May, 2011. ORDER Petitioner is the third accused in S.C.No.2 of 2011 of the Special Court for NDPS Cases, Thodupuzha for offences punishable under Sections 20(b)(ii) (c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “the NDPS Act”). Case is that about 80 kgs. of ganja was seized from house No.IX/170 belonging to the first accused, he was arrested and when questioned he stated that the ganja was brought to his house by the second accused in an autorickshaw driven by petitioner. On that information petitioner was implicated in the case. Learned counsel submitted that second accused expired and that there is no material against petitioner to prove his complicity in the alleged commission of offence. It is pointed out that what is available is only the alleged confession statement of the first accused that ganja was brought by the second accused in an autorickshaw but, without making any reference to the petitioner. I have heard learned Public Prosecutor also. 2. If there are no material against petitioner to frame charge, that certainly is a matter which petitioner could urge before the learned Special Judge at the time of framing charge. Crl.MC No.1111/2011 2 Hence without prejudice to the right to plead discharge before learned Special Judge, this Criminal Miscellaneous Case is closed. THOMAS P.JOSEPH, Judge. cks