The Kerala High Court dismissed the petitioner's challenge to the dismissal of his application for interim custody of a seized motorcycle. The court noted that under Section 52A of the NDPS Act and a Central Government notification, seized conveyances liable to disposal cannot be released to the owner pending trial.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
TUESDAY, THE 15TH DAY OF OCTOBER 2019 / 23RD ASWINA, 1941
Crl.MC.No.3967 OF 2019(E)
AGAINST THE ORDER/JUDGMENT IN CRMP 235/2019 DATED 02-04-2019 OF SPECIAL COURT (NDPS ACT CASES), VADAKARA
CRIME NO.1/2019 OF Vadakara Excise Range Office , Kozhikode
PETITIONER/PETITIONER:
HARSHAD, AGED 36 YEARS S/O APARAN, NARANATH CHAKKALERI (H), THIRUVALLUR, VATAKARA, KOZHIKODE-673 101
BY ADV. SRI.MOHANAN V.T.K.
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
OTHER PRESENT:
P.P. SRI C.K. PRASAD
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.M.C. No. 3967 of 2019
MARY JOSEPH, J.
O R D E R
Order dated 27.02.2019 of Special Judge (NDPS) Act cases,
Vadakara passed in Crl.M.P.235/19 in Crime No.1/2019 of Vadakara Excise Circle is under challenge in the petition on hand. The petitioner is the RC owner of a motorcycle bearing registration No.KL-18U-1865. Petitioner was also accused No.1 in the crime. The motorcycle was seized in connection with transportation of 1500 gms of Ganja in it at 4 p.m on 09.01.2019 through Vadakara-Thiruvallur Public Road. For that reason crime was registered against him and other accused under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act'). The vehicle was seized from the spot and produced before the Court. Thereafter, it was returned to the authorised officer for compliance of the procedure for disposal under Section 52A of the NDPS Act. In the above circumstances, seeking to obtain interim custody of the vehicle which was in the custody of the authorised officer, Crl.M.P.
Crl.M.C. No. 3967 of 2019
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No.235/19 was filed before the Special Court. The petition was dismissed vide order dated 02.04.2019 and therefore the aggrieved petitioner has approached this Court. While dismissing the application certain direction were also issued to the Circle Inspector of Excise, Vadakara.
Crl.M.C. No. 3967 of 2019
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other relevant considerations, in respect of any narcotic substances, controlled substances or conveyances, specifying the substances as aforesaid, which shall, as soon as may be after their seizure be disposed of by such officer and in such manner as the Government may from time to time, determine in accordance with the procedure mentioned under Sub-section(2) of the said Section. In exercise of the power conferred under Section 52A, a Notification has already been issued by the Central Government issuing direction that all narcotic drugs, psychotropic substances, controlled substances or conveyances are liable for disposal, as soon as may be after their seizure, in accordance with the procedure prescribed under Sub-section (2) of Section 52A of the NDPS Act. The court below has dismissed the application in the aforesaid circumstances and this Court finds no reason to interfere with the same.
In the result, Crl.M.C is dismissed.
MARY JOSEPH
JUDGE
ttb
Crl.M.C. No. 3967 of 2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A CERTIFIED COPY OF THE ORDER IN CRL.M P NO 235/2019 OF THE COURT OF THE SPECIAL JUDGE (NDPS ACT CASES) VATAKARA.
ANNEXURE B TRUE COPY OF THE ORDER IN CRL.MC. NO 3234/2019 DATED 17.5.2019 OF THIS HON'BLE COURT
ANNEXURE C TRUE COPY OF THE ORDER IN CRL M.P NO 66/2019 DATED 27.9.2019 OF THE COURT OF THE SPECIAL JUDGE (NDPS ACT CASDES) VATAKARA.
/TRUE COPY/
P.S. TO JUDGE
2 issues framed by the court
Whether interim custody of a seized vehicle involved in an NDPS case can be granted when the Central Government has issued a notification mandating disposal under Section 52A of the NDPS Act.
Whether the Special Court erred in dismissing the application for interim custody of the seized motorcycle pending trial.
2 provisions across 2 enactments
HARSHAD
STATE OF KERALA
MARY JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
