2025:KER:20755 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 4TH DAY OF MARCH 2025 / 13TH PHALGUNA, 1946 CRL.MC NO. 1121 OF 2025 CRIME NO.573/2024 OF Varappuzha Police Station, Ernakulam IN CC NO.242 OF 2024 OF JUDICIAL FIRST CLASS MAGISTRATE COURT- III, NORTH PARAVUR PETITIONER/ACCUSED: RAGHAV NAIR AGED 34 YEARS S/O MADHAVA NAIR , LAKSHMI MADHAVAM ,CHAITHANYA LANE ,ELAMAKKARA , KANAYANNUR TALUK, ERNAKULAM DISTRICT,, PIN - 682026 BY ADVS. AJAY BEN JOSE HARIKRISHNAN S. NAVEEN A.VARKEY ANAVADYA SANIL KUMAR RESPONDENTS/COMPLAINANT AND STATE: 1 THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM –, PIN - 682031 2 THE STATION HOUSE OFFICER VARAPUZHA POLICE STATION , ERANAKULAM DISTRICT, PIN - 683517 PP M.C.ASHI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:20755 Crl.M.C.No.1121 of 2025 2 ORDER Dated this the 4th day of March, 2025 Petitioner is the sole accused in Crime No.573 of 2024 registered at the Varappuzha Police Station alleging commission of offence punishable under Section 27(b) of the NDPS Act, now pending as C.C No.242 of 2024 on the files of the Judicial First Class Magistrate Court-III, North Paravur. 2. The prosecution allegation is that, at around 12.15 a.m. on 23.08.2024, petitioner was found smoking a beedi and the smoke he exhaled had the smell of ganja. As it became evident that the petitioner was smoking ganja beedi, he was arrested and the beedi containing ganja seized. The petitioner is seeking to get the proceedings against him quashed, mainly on the ground that the beedi allegedly seized 2025:KER:20755 Crl.M.C.No.1121 of 2025 3 was not send for analysis and there is no evidence that he was smoking beedi filled with ganja. 3. Learned Counsel for the petitioner submitted that there cannot be successful prosecution without first ascertaining whether the article seized contains ganja, by subjecting it to chemical analysis. In support of the contentions reliance in placed on the decision in Ibnu Shijil v. State of Kerala [2024 (5) KHC 476]. 4. Learned Public Prosecutor submits on instructions that copy of the forwarding note or report of chemical analysis are not available in the records of the case. 5. Section 27 of the NDPS Act prescribes punishment for consumption of any narcotic drug or psychotropic substance and as per Section 27(b), if the narcotic drug or psychotropic substance consumed is 2025:KER:20755 Crl.M.C.No.1121 of 2025 4 other than those specified in Clause (a), the accused can be punished with imprisonment for a term which may extend to six months or with a fine which may extend to Rs.10,000/- or with both. Therefore, the crucial factor to be ascertained is whether the accused had consumed any narcotic or psychotropic substance. For such ascertainment, the seized article should be subjected to chemical analysis. In the case at hand, even though remaining part of the beedi smoked by the petitioner was seized, it was not sent for chemical analysis. As rightly held by this Court in Ibnu Shijil (supra), in the absence of forensic examination or report from the expert regarding the nature of the contra band, continuation of prosecution will be a futile exercise. 2025:KER:20755 Crl.M.C.No.1121 of 2025 5 For the aforementioned reasons, the Crl.M.C. is allowed. Annexure 2 final report and all further proceedings in Crime No.573 of 2024 registered at the Varappuzha Police Station, pending as C.C. No.242 of 2024 on the files of the Judicial First Class Magistrate Court-III, North Paravur, is quashed. Sd/- V.G.ARUN JUDGE SSK/04/03 2025:KER:20755 Crl.M.C.No.1121 of 2025 6 APPENDIX OF CRL.MC 1121/2025 PETITIONER ANNEXURES Annexure 1 CRTIFIED COPY OF THE FIR DATED 23-08-2024 OF VARAPUZHA POLICE STATION Annexure 2 CERTIFIED COPY OF FINAL REPORT DATED 09-09- 2024 RESPONDENTS EXHIBITS : NIL TRUE COPY P.A. TO JUDGE