Dismissed

Jayadevan K.K., v. State of Kerala

Kerala HC13 Jul 2021Crl.MC/1673/2021

Case brief

AI extract

What is this about?

Petitioners challenged the dismissal of their applications for interim custody of vehicles impounded in NDPS cases. The High Court held that no provision exists for interim vehicle custody under s. 451 Cr.P.C. and dismissed the petition, finding no ground to invoke s. 482 Cr.P.C. jurisdiction.

What did the court decide?

Both Criminal Miscellaneous cases filed for interim custody of vehicles were allowed/failed and dismissed by the Court.

Jayadevan K.K., Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.SOMARAJAN

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TUESDAY, THE 13^TH DAY OF JULY 2021 / 22ND ASHADHA, 1943

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CRL.MC NO. 1647 OF 2021

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PETITIONER/REGISTERED OWNER OF THE VEHICLE:

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SHAMEER M.S., AGED 30 YEARS, S/O.RAHUMATH RAVUTHAR, MEENATHU CHARINJATHIL, MUDIYOORKONAM P.O., PANDALAM, PATHANAMTHITTA - 689 501.

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BY ADVS. SHABU SREEDHARAN SMT.MEENU THAMPI SHRI.AMAL STANLY SHRI.SHYAM KUMAR M.P SMT.ANISA ANDREWS

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RESPONDENTS/STATE & DISPOSAL COMMITTEE:

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1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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2 THE NDPS AND CONVEYANCE DISTRICT LEVEL DISPOSAL COMMITTEE, REPRESENTED BY ITS CHAIRMAN - DEPUTY EXCISE COMMISSIONER, ERNAKULAM, KACHERIPADY, ERNAKULAM - 682 018.

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BY ADVS. SRI.SUMAN CHAKRAVARTHY, SENIOR GOVT.PLEADER SRI.E.C.BINEESH, PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.07.2021, ALONG WITH Crl.MC.1673/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Crl.M.C. Nos.1647 and 1673 of 2021

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.SOMARAJAN TUESDAY, THE 13^TH DAY OF JULY 2021 / 22ND ASHADHA, 1943 CRL.MC NO. 1673 OF 2021

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PETITIONER/REGISTERED OWNER OF THE VEHICLE:

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JAYADEVAN K.K., AGED 35 YEARS, KIZHAKKEPURACKAL HOUSE, ANCHERY P.O, THRISSUR-680 006.

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BY ADVS. SRI.SHABU SREEDHARAN SMT.MEENU THAMPI SRI.AMAL STANLY SRI.SHYAM KUMAR M.P SMT.ANISA ANDREWS

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RESPONDENTS/STATE & DISPOSAL COMMITTEE:

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1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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2 THE NDPS AND CONVEYANCE DISTRICT LEVEL DISPOSAL COMMITTEE, REPRESENTED BY ITS CHAIRMAN- DEPUTY EXCISE COMMISSIONER, ERNAKULAM, KACHERIPADY, ERNAKULAM-682 018.

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BY ADVS. SRI.SUMAN CHAKRAVARTHY, SENIOR GOVT.PLEADER SRI.E.C.BINEESH, PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.07.2021, ALONG WITH Crl.MC.1647/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Crl.M.C. Nos.1647 and 1673 of 2021

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O R D E R

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Application u/s 451 Cr.P.C. for interim custody is under challenge by the respective petitioners with respect to a vehicle involved in an NDPS offence.

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2. There is no provision for giving the vehicle for interim custody u/s 451 Cr.P.C. and the competent authority, District Drug Disposal Committee dismissed the application on the said ground.

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There is no reason for invoking the jurisdiction u/s 482 Cr.P.C., much less any reason to interfere with the order. Both the Crl.M.C.

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fails and dismissed.

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Sd/-

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P.SOMARAJAN JUDGE

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Crl.M.C. Nos.1647 and 1673 of 2021

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APPENDIX OF CRL.MC 1647/2021

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PETITIONER'S ANNEXURES:

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ANNEXURE 1	THE TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 26.11.2020.
ANNEXURE 2	THE TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 1.12.2020.
ANNEXURE 3	THE TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN CRL. MC NO.5651/202O DATED 3.2.2021.
ANNEXURE 4	THE CERTIFIED COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 5.3.2021.

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Crl.M.C. Nos.1647 and 1673 of 2021

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APPENDIX OF CRL.MC 1673/2021

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PETITIONER'S ANNEXURES:

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ANNEXURE 1 THE TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 22.12.2020.

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ANNEXURE 2 THE TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 11.1.2021

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ANNEXURE 3 THE TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN CRL.M.C NO.258/2021 DATED 3.2.2021.

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ANNEXURE 4 THE CERTIFIED COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 5.3.2021.

Jayadevan K.K., v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jayadevan K.K., v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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