Allowed

Shaji.M v. State of Kerala

Kerala HC26 Jul 2024Crl.MC/1265/2022

Case brief

AI extract

What is this about?

Vehicle seized in an NDPS case; Special Court refused interim custody relying on Shajahan v. Inspector of Excise. The High Court held that interim custody applications remain entertainable notwithstanding confiscation proceedings, following later Kerala decisions, set aside the order and directed reconsideration.

What did the court decide?

Order dated 03.06.2020 in Crl.M.P.No.430/2020 set aside; Special Court to reconsider interim custody application after hearing the Drug Disposal Committee.

Shaji.M Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2024)

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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 BECHU KURIAN THOMAS

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FRIDAY, THE 26^TH DAY OF JULY 2024 / 4TH SRAVANA, 1946

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CRL.MC NO. 1265 OF 2022

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CRIME NO.24/2020 OF Mananthavady Excise Range Office, Wayanad PETITIONER/ PETITIONER :

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SHAJI.M AGED 42 YEARS SON OF KUNHIRAMAN ARINGOTTU VAYAL HOUSE, THOLAMBRA.P.O., PERAVOOR, KANOOR KANNUR, PIN - 670673

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BY ADV T.E.ISMAIL

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RESPONDENT/ COMPLAINANT :

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

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BY SRI. ASHI M.C., PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 1265 OF 2022

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BECHU KURIAN THOMAS, J.

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Crl.M.C.No.1265 of 2022

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Dated this the 26^th day of July, 2024

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ORDER

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Petitioner's vehicle bearing Registration No.KL-58-C-8321 was seized in Crime No.24 of 2020 of Mananthavady Excise Range alleging its involvement in offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act'). Petitioner's application for release of the vehicle on interim custody was dismissed by the Special Court NDPS Act Cases (Additional Sessions Court-II), Kalpetta on 03.06.2020. Petitioner challenges the aforesaid order in this petition under Section 482 of the Cr.P.C.

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I have heard Sri.T.E.Ismail, the learned counsel for the petitioner as well as Sri.M.C.Ashi, the learned Public Prosecutor.

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On a reading of the impugned order, it is evident that the Special Court relied upon the decision in Shajahan v. Inspector of Excise and Others [2019 (4) KLT 507] to dismiss the claim for grant of interim custody. However, in the decision in Shanil v. State of Kerala [2023 (2) KHC 88] as well as in Sainaba v. State of Kerala [2022 (7) KHC 273] and in Pradeep B. v. District Drug Disposal Committee [2024 (2) KHC 274] , it has already been held that the application for interim custody of the vehicle allegedly involved in the

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CRL.MC NO. 1265 OF 2022

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commission of an offence under the NDPS Act can be considered by the court notwithstanding the proceedings for confiscation initiated. Therefore, it is evident that the impugned order is incorrect.

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Accordingly, I set aside the order dated 03.06.2020 in Crl.M.P.No.430 of 2020 on the files of the Special Court NDPS Act Cases (Additional Sessions Court-II), Kalpetta, arising out of Crime No.24 of 2020 of Mananthavady Excise Range. The Special Court is directed to reconsider the said application, as expeditiously as possible, after granting an opportunity of hearing to the Drug Disposal Committee.

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The Crl.M.C. is allowed as above.

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Sd/- BECHU KURIAN THOMAS, JUDGE

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RKM

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CRL.MC NO. 1265 OF 2022

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APPENDIX OF CRL.MC 1265/2022

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PETITIONER'S ANNEXURES :

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Annexure A 1 CERTIFIED COPY OF THE ORDER DATED 03.06.2020 IN CMP 430/2020 BEFORE THE HON'BLE ADDITIONAL DISTRICT SESSION COURT (SPECIAL COURT) AT KALPETTA

Shaji.M v. State of Kerala

Case brief

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Shaji.M v. State of Kerala

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