TMI Blog2024 (2) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... V., J. Shri B. Raman Pillai, Sr. Advocate, R. Anil, Sujesh Menon V.B., Thomas Abraham (Nilackappillil), Thomas Sabu Vadakekut, Mahesh Bhanu S. and Ressil Lonan, Advocates, for the Petitioner. Shri T.R. Ranjith, Sr. PP. and Kavery S. Thampi, Advocate, for the Respondent. ORDER The instant petition is filed under Section 482 of the Code of Criminal Procedure ( the Code ) for the sake of brevity. 2. The petitioner herein is the accused in S.C. No. 837/2017 on the file of the Additional Sessions Judge, VIII, Ernakulam. In the aforesaid case, he is facing prosecution for having committed offenses punishable under Sections 22 and 23 r/w Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act (for brevity, the NDP ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Institute. It is further submitted that the petitioner is an innocent victim, and it would be a travesty of justice if he is tried for having committed an offence under the NDPS Act. 5. In response, it is submitted by Sri. Sreelal Warrier, the Learned Counsel appearing for the respondents that, raising identical contentions the petitioner had earlier approached this Court and preferred Crl. M.C. No. 4186/2017 challenging his implication in the case. A Learned Single Judge of this Court, by order dated 6-12-2017 [2018 (361) E.L.T. 373 (Ker.)], had dismissed the petition. According to the Learned Standing Counsel, the said order has not been challenged by the petitioner herein as the same has become final. It is further submitted that at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not been properly explained the Court will be fully justified in framing a charge and proceeding with the trial. (3) The test to determine a prima facie case would naturally depend upon the facts of each case and it is difficult to lay down a rule of universal application. By and large however if two views are equally possible and the Judge is satisfied that the evidence produced before him while giving rise to some suspicion but not grave suspicion against the accused, he will be fully within his right to discharge the accused. (4) That in exercising his jurisdiction under Section 227 of the Code the Judge which under the present Code is a senior and experienced court cannot act merely as a Post Office or a mouthpiece of the prosec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... initial stage to accept all that the prosecution states as gospel truth even if it is opposed to common sense or the broad probabilities of the case... (Emphasis Supplied) 15. Summarising the principles on discharge under Section 227 of the Cr.P.C, in Dipakbhai Jagdishchandra Patel v. State of Gujarat [2019 (2) KLT OnLine 3022 (SC) = (2019) 16 SCC 547] this Court recapitulated : 23. At the stage of framing the charge in accordance with the principles which have been laid down by this Court, what the court is expected to do is, it does not act as a mere post office. The court must indeed sift the material before it. The material to be sifted would be the material which is produced and relied upon by the prosecution. The sifting is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry. On analysis, it was found containing cathinone and cathine . These two are Psychotropic Substances included in the schedule to the NDPS Act. Cathinone is listed as item No. 125 in the schedule, and cathine is listed as Item No. 171 in the schedule. Of course, khat leaves, by that name is not been listed in the schedule to the NDPS Act. The question for consideration is not how the substance is called, or what is its scientific name or botanical name, but what does it contain. The substance allegedly seized from the hands of the accused was found containing two prohibited Psychotropic Substances listed in the schedule to the NDPS Act. When the entire quantity of 180 Kgs. is taken, no doubt, prima facie the Psychotropic content will co ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
