IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932 WP(C).No. 31876 of 2010(H) --------------------------------------- PETITIONER(S): ----------------------- SAMEESH.M.S, AGED 27 YEARS, S/O. SARALAPPAN, MATTATHIL HOUSE, RAJAKKAD.P.O, CHERUPURAM, IDUKKI DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. SECRETARY TO HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 3. DIRECTOR GENERAL OF POLICE, LAW & ORDER, POLICE HEADQUARTERS, THIRUVANANTHAPURAM - 695 001. 4. COMMISSIONER OF EXCISE, EXCISE DEPARTMENT, THIRUVANANTHAPURAM - 695 001. 5. NARCOTIC ENFORCEMENT SQUAD, ADIMALI, IDUKKI DISTRICT, (OR NO. 12/2009 NARCOTIC ENFORCEMENT SQUAD, ADIMALI, IDUKKI DISTRICT - 685 561. R1 TO R5 BY GOVERNMENT PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.31876 of 2010 H -------------------------- JUDGMENT This petition is filed under Article 226 of Constitution of India for a writ of mandamus directing respondents 1 and 2 to take over the investigation from Narcotic Enforcement Squad and to entrust the investigation to CBCID for a fair and impartial investigation. 2. Learned Government Pleader, on instructions, submitted that final report has already been submitted before Special Judge, Thodupuzha. 3. As learned counsel appearing for the petitioner submitted that petitioner is not aware of the submission of the final report, Registry was directed to contact the Special Court and ascertain whether final report has been submitted. It is reported that final report was submitted on 18.11.2010. When a final report is submitted, there cannot be a direction to entrust the investigation WPC 31876/10 2 to any other agency as sought for. Therefore, petition is dismissed as infructuous. If petitioner is aggrieved by the final report or has a case that there was any deficiency in the investigation, he is entitled to seek appropriate remedy. 3rd December, 2010 (M.Sasidharan Nambiar, Judge) tkv