Pushparajan v. State
Case brief
What is this about?
Allowed the Criminal Miscellaneous Petition and set aside the Sessions Court order dismissing the release of a vehicle seized under the NDPS Act. Directed the lower court to revive the application for fresh decision on merits within two months.
What did the court decide?
The impugned order of 18.07.2018 is set aside; application to be revived for fresh decision on merits within two months.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE P.UBAID
WEDNESDAY, THE 8TH DAY OF AUGUST 2018 / 17TH SRAVANA, 1940
Crl.MC.No. 4900 of 2018 (B)
AGAINST THE ORDER IN CRMP 714/2018 of SESSIONS COURT, KOLLAM DATED 18-07-2018
CRIME NO. 610/2018 OF THENMALA POLICE STATION, KOLLAM
PETITIONER/ACCUSED :-
PUSHPARAJAN, S/O.DEVARAJAN, AGED 41 YEARS, PRABHA NIVAS, CHANDANATHOPPE P.O., KOTTAMKARA VILLAGE, PERINAD, KOLLAM - 691 014.
BY ADV.SRI.B.MOHANLAL
RESPONDENT/COMPLAINANT :-
STATE, REPRESENTED BY THE STATION HOUSE OFFICER, THENMALA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
Issues for consideration
2 issues framed by the court
Whether property seized during investigation can be released under Section 451 Cr.P.C. if the petitioner is entitled to interim custody.
Whether the dismissal of the release application by the Sessions Court was sustainable merely because the investigation was not over.
Parties & counsel
- petitioner
PUSHPARAJAN
- respondent
STATE
Coram
P.UBAID
Case details
As recorded by the court registry
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