Jijisha vs The State Of Kerala
2021 Latest Caselaw 19504 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR. JUSTICE GOPINATH P.
       THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
                        CRL.REV.PET NO. 309 OF 2021
  AGAINST THE ORDER IN CMP 83/2021 OF JUDICIAL MAGISTRATE OF FIRST
                         CLASS-I ,TIRUR, MALAPPURAM
REVISION PETITIONER/PETITIONER:

             JIJISHA
             AGED 30 YEARS
             W/O. JITHIN RESIDING AT ILLAPARAMBIL HOUSE, AJITHAPPADI
             THIRUNAVAYA AMSOM, KARATHUR DESOM, KODAKKAL P.O. TIRUR,
             MALAPPURAM 676 108.

             BY ADVS.
             C.V.MANUVILSAN
             SRI.P.BASHEER
             SMT.SHEEBA G
             SRI.O.A.ANJU
             SHRI.SARATH KRISHNAN T.



RESPONDENTS/STATE & COMPLAINANT:

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

       2     STATION HOUSE OFFICER,
             KALPAKANCHERY POLICE STATION, TIRUR, MALAPPURAM 676551.


OTHER PRESENT:

             SRI SANGEETH RAJ (PP)


THIS   CRIMINAL   REVISION   PETITION   HAVING   COME   UP   FOR   ADMISSION   ON
16.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.R.P.No.309/2021                       2



                                   ORDER

This Criminal Revision Petition has been filed challenging the order

dated 15.01.2021 in C.M.P.No.83/2021 of Kalpakanchery Police Station of

Malappuram District. By that order, an application filed by the petitioner

under Section 451 of the Cr.P.C. for interim custody of a vehicle seized in

Crime No.536/202 of Kalpakanchery Police Station registered under the

provisions of the Narcotic Drugs and Psychotropic Substance Act, 1985

(hereinafter referred to as the NDPS Act) was rejected finding that an

application under Section 451 Cr.P.C. was not maintainable in the light of the

provisions contained in the NDPS Act.

2. It is clear from the judgment of a Division Bench of this Court in

Shajahan v. Inspector of Excise and Others; 2019(5)KHC 401(DB)

that even a conveyance seized under the NDPS Act has to be disposed of in

terms of the provisions contained in Section 52A of the NDPS Act.

Therefore, the order passed by the Magistrate on C.M.P.No.83/2021 is

perfectly justified. It is for the revision petitioner to approach the Drug

Disposal Committee constituted for exercising functions under Section 52A of

the NDPS Act. If such an application is filed by the revision petitioner before

the competent Drug Disposal Committee, the same shall be considered as

expeditiously as possible.

The Criminal Revision Petition is dismissed with the above

observations.

sd/-

GOPINATH P.

JUDGE acd

APPENDIX OF CRL.REV.PET 309/2021

PETITIONER ANNEXURE

ANNEXURE A1 A TRUE PHOTOCOPY OF THE CERTIFICATE OF REGISTRATION OF THE VEHICLE BELONGING TO THE PETITIONER VIDE REGISTRATION, NO.KL- 55-X-199.

ANNEXURE A2 A TRUE PHOTOCOPY OF THE PETITION UNDER SECTION 451 CRIMINAL PROCEDURE CODE SUBMITTED BY THE PETITIONER AS CMP NO.

83/2021 BEFORE THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE -1, TIRUR.

ANNEXURE A3 A TRUE PHOTOCOPY OF THE FIR IN CRIME NO.

536/220 OF KALPAKANCHERY POLICE STATION.

ANNEXURE A4 A TRUE PHOTOCOPY OF THE SEIZURE MAHAZAR IN CRIME NO. 536/2020 OF KALAPAKANCHERY POLICE STATION.