Disposed

Janis Naha v. State of Kerala

Kerala HC23 Mar 2023Crl.MC/1620/2023

Case brief

AI extract

What is this about?

In a criminal miscellaneous case arising from the seizure of the petitioner's car under the NDPS Act, the High Court of Kerala disposed of the plea by relying on a recent Supreme Court observation. The court permitted the petitioner to file a fresh petition for interim custody under Section 457 Cr.P.C. and directed the Special Judge to consider it on merits.

What did the court decide?

Petitioner permitted to file Section 457 Cr.P.C. petition; Special Judge directed to consider petition on merits.

Janis Naha Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2023)

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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 V.G.ARUN

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THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945

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CRL.MC NO. 1620 OF 2023

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AGAINST THE ORDER/JUDGMENT in Crl.MP 23/2022 OF SPECIAL COURT

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(NDPS ACT CASES), VADAKARA

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PETITIONER/PETITIONER

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JANIS NAHA
AGED 46 YEARS
D/O K.A SALAM , FLAT NO. 10A,
SEIKEN CRESTWOOD APARTMENTS, OPP. AZHATHRIKOVIL
TEMPLE, NELLIKKODE P.O,
KOTTOOLI, KOZHIKODE, PIN – 673016

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BY ADV SHARAN SHAHIER

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RESPONDENTS/STATE AND RESPONDENT

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1STATE OF KERALA
REPRESENTED PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031

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2STATION HOUSE OFFICER
THAMARASSERRY POLICE STATION KOZHIKODE,
 PIN – 673573

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OTHER PRESENT:

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SR.PP.RENJITH GEORGE

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.03.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C. No.1620 of 2023

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O R D E R

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Dated this the 23^rd day of March, 2023

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The petitioner's car bearing Registration No.KL11 BS 5698 was seized in connection with Crime No.642 of 2022 of Thamarassery Police Station, registered for the offence punishable under Section 22(b) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act. The allegation is that, on 02.11.2022, the accused were found to be in possession of Methamphetamine. The 1^st accused in the husband of the petitioner. The petitioner’s car was parked outside the room from which the contraband was seized. The petitioner is not an accused in the crime.

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According to the petitioner, the vehicle was used by the accused without her consent. Pointing out this fact and seeking interim custody of her car, a petition under Section 451 of the Cr.P.C. was moved before the Special Judge (NDPS Act Cases), Vatakara. That petition having been dismissed by Annexure-5 order, the Crl.M.C. is filed .

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Crl.M.C. No.1620 of 2023

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This Court in Shanil and Ors. v. State of Kerala and

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Ors. (2023 SCC Online Ker 1023) has held that petitions seeking interim custody under Section 457 Cr.P.C. are maintainable even if the inventory of the vehicle is forwarded to the Drug Disposal Committee after certification in accordance with Section 52(A) of the NDPS Act. As such, the reasoning adopted by the learned Sessions Judge is not sustainable.

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Following the judgment in Shanil and Ors (supra), the Criminal Miscellaneous Case is disposed of, permitting the petitioner to file a petition under Section 457 of Cr.P.C. and directing the Special Judge (NDPS Act Cases), Vatakara to consider the petition on merits, de hors the dismissal of the earlier petition.

Ordered accordingly.

Sd/-

V.G.ARUN, JUDGE

smm

Crl.M.C. No.1620 of 2023

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APPENDIX OF CRL.MC 1620/2023

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PETITIONER ANNEXURES

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`Annexure`	`1` `A TRUE COPY OF THE` `IN CRIME NO 642/2` `POLICE STATION`	`FIR DATED 03.11.2022` `022 OF THAMARASSERY`
`Annexure`	`2` `A TRUE COPY OF` `28.11.2022 IN THE` `JUDGE(N.D.P.S ACT` `CMP 884/2022`	`THE ORDER DATED` `COURT OF THE SPECIAL` `CASES) VATAKARA IN`
`Annexure`	`3` `A TRUE COPY OF` `DATED 03.11.2022 SU` `THAMARASSERY POLICE`	`THE SEIZURE MAHAZAR` `BMITTED BY THE SI OF` `STATION`
`Annexure`	`4` `TRUE COPY OF THE C` `28.12.2022 FILED BY`	`RL.M.P 23/2022 DATED` `THE PETITIONER`
`Annexure`	`5` `A CERTIFIED COPY` `20.01.2023 OF THE`	`OF THE ORDER DATED` `CRL.M.P 23/2022 IN`
	`THE COURT OF SPE` `CASES), VADAKARA`	`CIAL JUDGE(NDPS ACT`

Janis Naha v. State of Kerala

Case brief

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Janis Naha v. State of Kerala

Case brief

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