AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2024 (2) TMI 1
X X X X Extracts X X X X
X X X X Extracts X X X X
....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 NDPS Act"). 3. The prosecution allegation is that on the basis of information that 180 kgs. of Khat Leaves despatched from Ethiopia had reached the Foreign Post Office, Kochi, the Customs Preventive Unit, Kochi rushed to the spot. They found that 8 cartons containing Khat Leaves were sent by Akasha Imports and Exports, Addis Ababa, Ethiopia, addressed to Sri. Girish Kumar, Poruvazhi, Kollam. Field detection tests were carried out, and the goods teste....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... 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 the stage of 227 of the Code, the Court has only to consider the broad probabilities of the case, the total effect of the evidence and the documents produced before the Court, any basic infirmities appearing in the case. This, however, does not mean that the Judge should make a roving enquiry into the pros and cons of the matter and weigh the evidence as if he was conducting a trial. 6. I have considered the submissions advanced and....
X X X X Extracts X X X X
X X X X Extracts X X X X
....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 prosecution, but has to consider the broad probabilities of the case, the total effect of the evidence and the documents produced before the Court, any basic infirmities appearing in the case and so on. This however does not mean that the Judge should make a roving enquiry into the pros and cons of the matter and weigh the evidence as if he was conducting a trial." (Em....
X X X X Extracts X X X X
X X X X Extracts X X X X
....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 not to be meticulous in the sense that the court dons the mantle of the trial Judge hearing arguments after the entire evidence has been adduced after a full-fledged trial and the question is not whether the prosecution has m....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ne 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 constitute commercial quantity. Section 2(xxii) of the NDPS Act defines what Psychotropic Substance means. It means any substance, natural or synthetic, or any natural material or any preparation containing anyth....