IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 Crl.MC.No. 1887 of 2011() ------------------------------------ CRIME NO.851/2010 OF SASTHAMCOTTAH POLICE STATION. .......... PETITIONER(S): ACCUSED NO.4 ------------------------------------------------- NIYAS,AGED 24 YEARS,S/O.IQBAL, EBINA MANZIL,NEAR MUSLIM PALLI,THEKKUM BHAGOM, KOTTAPPURAM,PARAVOOR,KOLLAM DISTRICT. BY ADV. SRI.PRADEESH CHACKO RESPONDENT(S): COMPLAINANT ------------------------------------------------ 1. THE STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE-INSPECTOR OF POLICE, SASTHAMCOTTAH POLICE STATION,SASTHAMCOTTAH, KOLLAM DISTRICT. BY PUBLIC PROSECUTOR SRI.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.1887/2011 APPENDIX PETITIONER'S ANNEXURES A1:- CERTIFIED COPY OF THE F.I.R. IN CRIME NO.851/2010 DTD. 27.7.2010 OF SASTHAMCOTTAH POLICE STATION. AII:- CERTIFIED COPY OF THE REPORT OF THE FSL, THIRUVANANTHAPURAM DTD. 27.11.2010. TRUE COPY P.A. TO JUDGE tss THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1887 of 2011 --------------------------------------- Dated this 23rd day of June, 2011 ORDER Petitioner is the fourth accused in Crime No.851 of 2010 of Sasthancottah Police Station for offence punishable under Secs.22(c) of the NDPS Act, 1985. He states that the samples allegedly collected from him and sent to the laboratory for examination did not contain any narcotic drug or psychotropic substances as seen in Annexure-II, report. On the strength of that report it is prayed that proceeding against petitioner may be quashed. I have heard learned Public Prosecutor who took notice for respondents. 2. It is for the officer investigating the case to look into and say whether in the light of Annexure-II, report, petitioner could be said to have committed any offence as alleged and he could be charge sheeted for any offence. The Investigating Officer will have to certainly look into Annexure-II, report in the course of investigation. With the above direction and without prejudice to the right of petitioner to challenge the final report if any, against him this criminal miscellaneous case is closed. (THOMAS P JOSEPH, JUDGE) Sbna/-