Partly allowed

Innocent v. State of Kerala,Represented by Public Prosecutor

Kerala HC6 Mar 2023Crl.MC/9588/2022

Case brief

AI extract

What is this about?

This court disposed of a criminal miscellaneous case permitting the petitioner to file an application for interim custody of his seized vehicle under Section 457 Cr.P.C. The court held that such applications remain maintainable even after the inventory is sent to the Drug Disposal Committee, following Shanil and Ors. v. State of Kerala.

What did the court decide?

Petitioner permitted to file an application seeking interim custody of the vehicle under Section 457 Cr.P.C. before the jurisdictional court.

Innocent Vs State of Kerala,Represented by Public Prosecutor — 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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MONDAY, THE 6^TH DAY OF MARCH 2023 / 15TH PHALGUNA, 1944

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CRL.MC NO. 9588 OF 2022

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AGAINST THE ORDER IN CMP 741/2022 OF JUDICIAL FIRST CLASS MAGISTRATE COURT(TEMPORARY), SOUTH PARAVUR IN CRIME NO.1525/2020 OF CHATHANNUR

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POLICE STATION

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PETITIONER/ACCUSED:

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INNOCENT AGED 59 YEARS S/O PATHROSE, PUTHUVAL CHARUVILA, PULLICHIRA, KOTTIYAM, KOLLAM,, PIN – 691020

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BY ADV M.R.SASITH

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RESPONDENT/STATE:

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, PIN - 682031

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BY ADV. RENJITH GEORGE, SR. PUBIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.03.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL. M.C.NO. 9588 OF 2022

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ORDER

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Dated this the 06^th day of March, 2023

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The petitioner's car bearing Registration No. KL-

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23-K-9269 was seized in connection with Crime No. 1525 of 2020 of Chathannur Police Station. The crime is registered for the offence punishable under Section 20B of the Narcotic Drugs and Psychotropic Substances Act and Section 7 of the Juvenile Justice Act. The allegation is that, on 21.08.2020, at 17.45 hrs, the accused was found in possession of 1.638 kg of Ganja for the purpose of sale. The contraband was concealed in the boot of petitioner's car. The petitioner is not an accused in the crime.

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According to the petitioner, his friend had borrowed the car for personal use and had handed over the vehicle to the accused without the petitioner's consent. Pointing out this fact and seeking interim custody of his car, he filed a petition under Section 457 of the Cr.P.C. before the Judicial First Class Magistrate (Temporary) Court, South Paravur. The

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CRL. M.C.NO. 9588 OF 2022

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petition was dismissed as per Annexure-A1 order for the reason that the vehicle was produced before the Drug Disposal Committee, Kollam and the case is now pending as S.C.No.1716 of 2021 on the files of Additional District and Sessions Court-IV, Kollam.

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This Court in Shanil and Ors. v. State of Kerala and Ors. (2023/KER/9753) has held that in the light of the Supreme Court decision in Sainaba v. State of Kerala (2022 (7) KHC (SC)) , Shajahan v. Inspector of Excise and Ors. [2019 (5) KHC 401) stands impliedly reversed. It is also held that, applications 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. As such, the reasoning adopted by the learned Magistrate 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 an application seeking interim custody under Section 457 of Cr.P.C.

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CRL. M.C.NO. 9588 OF 2022

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before the jurisdictional court and directing the court

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to consider the application on merits, de hors the

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dismissal of his earlier application.

Ordered accordingly.

Sd/-

V.G.ARUN

JUDGE

NB/6-3

CRL. M.C.NO. 9588 OF 2022

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APPENDIX OF CRL.MC 9588/2022

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PETITIONER’S ANNEXURE: ANNEXURE A1

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THE TRUE COPY OF THE ORDER IN CMP NO.741/2022 PASSED BY JUDICIAL FIRST-CLASS MAGISTRATE (TEMPORARY COURT), S. PARAVUR IN CRIME NO. 1525/2020 OF CHATHANNUR POLICE STATION DATED 24.11.2022

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RESPONDENT’S ANNEXURE: NIL

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TRUE COPY

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P.A. TO JUDGE

Innocent v. State of Kerala,Represented by Public Prosecutor

Case brief

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Innocent v. State of Kerala,Represented by Public Prosecutor

Case brief

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