Aboobecker v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU TUESDAY, THE 16TH DAY OF JUNE 2015/26TH JYAISHTA, 1937 WP(C).No. 17681 of 2015 (I) ------------------------------------- PETITIONER : - ---------------------- ABOOBECKER, C AGED 36 YEARS, S/O.UMMER, CHOKRANTAKATH HOUSE, ELAMBIRAMPARA, KOOVERI AMSOM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT.

BY ADVS.SRI.O.V.MANIPRASAD SRI.JOSE ANTONY RESPONDENTS : - ---------------------------

1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME AFFAIRS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

2. THE EXCISE SUB INSPECTOR, EXCISE OFFICE, TALIPARAMBA, POOKOTH NADA, TALIPARAMBA.P.O., KANNUR DISTRICT. PIN-670 141. BY Sr. GOVERNMENT PLEADER SRI. K.C. VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 17681 of 2015 (I) --------------------------------------- APPENDIX PETITIONER'S EXHIBITS : - ------------------------------------- EXHIBIT P1 : TRUE COPY OF THE ORDER DATED 22.01.2015 IN B.A.NO.341/2015 OF THIS HONOURABLE COURT.

RESPONDENTS' EXHIBITS : - NIL.

--------------------------------------- // TRUE COPY // P.A. TO JUDGE DMR/-

DAMA SESHADRI NAIDU, J.

--------------------------------------- W.P.(c) No. 17681 of 2015 ---------------------------------------- Dated this the 16th day of June, 2015

JUDGMENT

Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents, apart from perusing the record. Since the issue lies in a narrow compass, this Court proposes to dispose of the writ petition at the admission stage itself.

2. Briefly stated, the petitioner, a resident of Kannur District, though not an accused in Crime No. 4/2015 on the file of Excise Range of Thaliparamba, has been frequently called to the Police Station in the name of knowing the whereabouts of one Mr. Ramachandran, who is the accused in the said crime. The fact, however, remains that the petitioner being an accused in Crime No. 8/2014 on the file of Kannur Excise Enforcement and Anti-Narcotic Special Squard, Taliparamba, has been on bail, as could be seen

W.P.(c) No. 17681 of 2015 from Exhibit P1.

3. The learned Government Pleader in response to the allegation of police harassment made by the petitioner has contended that there is an element of suspicion that the accused in Crime No. 4/2015 purchased the contraband (ganja) from the petitioner; on that count, the petitioner has been summoned for enquiry. He has, however, assured the Court that in future if the petitioner is to be summoned, the respondent officials would ensure that the petitioner has been put on proper notice and due process is observed. Having regard to the assurance given by the learned Government Pleader, I do not see anything further surviving in this writ petition. Accordingly, the writ petition is closed. No order as to costs.

DAMA SESHADRI NAIDU JUDGE DMR/-