Disposed

Nithin.M v. State of Kerala

Kerala HC2 Mar 2023WP(Crl.)/141/2023

Case brief

AI extract

What is this about?

The High Court disposed of this writ petition permitting the petitioner to file a petition for interim custody of his seized motorcycle under Section 457 Cr.P.C. The court directed that the vehicle shall not be sold till a decision is taken on the merits of that petition.

What did the court decide?

Petitioner permitted to file a petition for interim custody of the vehicle under Section 457 Cr.P.C. before the jurisdictional court. Vehicle not to be sold till decision on merits.

Nithin.M 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 2^ND DAY OF MARCH 2023 / 11TH PHALGUNA, 1944

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WP(CRL.) NO. 141 OF 2023

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PETITIONER:

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NITHIN.M, AGED 24 YEARS S/O MURALEEDHARAN, RESIDING AT T.C. NO: 50/1335, SNRA 135, SATHYA NAGAR, THALIYAL, MANACAUD P.O, THIRUVANANTHAPURAM, PIN - 695009 BY ADVS. J.R.PREM NAVAZ SUMEEN S.

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAURAM-., PIN - 695001

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2 THE EXCISE INSPECTOR THIRUVANANTHAPURAM EXCISE RANGE, THIRUVANANTHAPURAM DISTRICT ., PIN - 695001

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3 THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES AND CONVEYANCE DISPOSAL COMMITTEE THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY THE DISTRICT POLICE CHIEF, THIRUVANANTHAPURAM DISTRICT, PIN - 695033

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BY ADV GOVERNMENT PLEADER

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OTHER PRESENT:

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SRI. M.C. ASHI, PP

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THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 02.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(Crl).141/2023

JUDGMENT

Dated this the 2^nd day of March, 2023

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Petitioner's motorcycle bearing Registration No. KL-74-B1672 was seized in connection with Crime No. 59 of 2022 of Thiruvananthapuram Excise Range, alleging commission of offence punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act. The crime is registered on the allegation that, on 05.12.2022, at 05.55 p.m., while the petitioner was travelling on the motorcycle, the excise officials intercepted the vehicle and seized 0.700 gms of MDMA from the petitioner's possession. The petitioner was arrested and the vehicle seized. Although petitioner approached the Additional Sessions Court-I, seeking interim custody of the vehicle, it was rejected by the court on the ground that the vehicle was produced before the Drug Disposal Committee. Aggrieved, this writ petition is filed.

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

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and Ors. (2023/KER/9753) has held that, vehicles seized in connection with offences under the NDPS Act are not produced

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W.P.(Crl).141/2023

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in court, the procedure prescribed under Section 52A of the NDPS Act being certification of the inventory, with respect to the contraband and conveyance, by the jurisdictional court, a petition for interim custody can be filed under Section 457 Cr.P.C. It is also held that, when petitions seeking interim custody are filed under Section 457 Cr.P.C., the jurisdictional Magistrate or Special Judge, as the case may be, should consider the petition on merits.

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The W.P.(Crl.) is accordingly disposed of permitting the petitioner to file a petition under Section 457 Cr.P.C. before the jurisdictional court. If such a petition is filed, the same shall be considered by the court and decision taken on merits. Till a decision is taken on the petition, the petitioner's vehicle bearing Registration No. KL-74-B-1672 shall not be sold.

Sd/-

V.G.ARUN JUDGE

W.P.(Crl).141/2023

APPENDIX OF WP(CRL.) 141/2023

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PETITIONER EXHIBITS

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Exhibit P1 THE TRUE COPY OF THE REMAND APPLICATION FILED BY THE OFFICER EXCISE RANGE OFFICE THIRUVANANTHAPURAM 6/12/2022 Exhibit P2 THE TRUE COPY OF THE REGISTRATION PARTICULARS OF MOTORCYCLE BEARING NO: KL-74.B.1672 DATED 25/2/2021 Exhibit P3 THE TRUE COPY OF THE ORDER DATED 17.01.2023 PASSED BY THE ADDITIONAL SESSIONS JUDGE-I, THIRUVANANTHAPURAM Exhibit P4 THE TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 28/12/2022

Nithin.M v. State of Kerala

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Nithin.M v. State of Kerala

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