Sharan R Nandha vs State Of Kerala
2023 Latest Caselaw 8858 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
     THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945

                  CRL.MC NO. 5489 OF 2023
 AGAINST THE ORDER/JUDGMENT IN CRMP 229/2023 OF DISTRICT
        COURT & SESSIONS COURT, THIRUVANANTHAPURAM

PETITIONER/S:

          SHARAN R NANDHA
          AGED 30 YEARS
          S/O REGUNANDHANAN,
          KOVALAM HOUSE, THEATRE JUNCTION, VIZHINJAM P.O.,
          THIRUVANANTHAPURAM, PIN - 695521

          BY ADVS.
          GOKUL D. SUDHAKARAN
          VAISHNAV DATH S.
          ARAVIND BABU A.S

RESPONDENT/S:

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

    2     THE EXCISE CIRCLE INSPECTOR
          EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD
          THIRUVANANTHAPURAM, THIRUVANANTHAPURAM, PIN - 695085

          SMT. NEEMA T V, SR. PP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 14.08.2023, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
 CRL.MC NO. 5489 OF 2023

                                     2



                                   ORDER

The petitioner herein is the registered owner of a car bearing

registration No.KL-21-G-7181. The said vehicle was seized by the Excise

Inspector and Anti Narcotic Special Squad, Thiruvananthapuram, in

connection with Crime No.14 of 2022 of the said station. The aforesaid

crime has been registered under Sections 22(C) and 25 of the Narcotic

Drugs and Psychotropic Substances Act,1985.

2. Sri. Gokul D. Sudhakaran, the learned counsel appearing for the

petitioner, submits that the petitioner approached the Court of the

Additional Sessions Judge-I, Thiruvananthapuram, and filed an

application seeking the interim release of the vehicle by invoking Section

451 of the Cr.P.C. However, the learned Sessions Judge, on the premise

that the vehicle had already been entrusted with the District Drug

Disposal Committee, rejected the application. The learned counsel

submits that the petitioner has not been arrayed as an accused in the

aforesaid crime, and the order passed by the learned Sessions Judge

cannot be sustained in view of the law laid down by the Apex Court in

Sainaba v. State of Kerala1 and that of this Court in Shanil v. State

2022 (7) KHC 273

CRL.MC NO. 5489 OF 2023

of Kerala2. It is further submitted that the contraband was seized from

the possession of the accused and not from the vehicle.

3. I have heard the learned public prosecutor and have

considered the submissions advanced.

4 In Shanil (Supra), a learned Single judge has held that the

law laid down by a Division Bench of this Court in Shajahan v.

Inspector of Excise and Others3 stand impliedly overruled by the

decision rendered by the Apex Court in Sainaba (supra). This court had

held that the application seeking interim custody under Section 451/457

of the Code would be maintainable even if the vehicle is certified and

forwarded to the Special Court. It appears that it was without applying

the law laid down in Shanil (supra) that the learned Sessions Judge has

taken the view that an application cannot be entertained as the vehicle

has been handed over to the Drug Disposal Committee. In that view of

the matter, the impugned order warrants interference.

Resultantly, Annexure-I order is quashed. The learned Sessions

Judge shall reconsider the matter in the light of the law laid down in

2023 (1) KLT 371

2019 (5) KHC 401 CRL.MC NO. 5489 OF 2023

Shanil (supra) and pass fresh orders within a period of three weeks from

the date of production of a copy of this order.

This petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

avs CRL.MC NO. 5489 OF 2023

APPENDIX OF CRL.MC 5489/2023

PETITIONER ANNEXURES

Annexure-1 FREE COPY OF THE ORDER DATED 31-01-2023 OF THE ADDITIONAL SESSIONS JUDGE-I, THIRUVANANTHAPURAM IN CRL.M.P NO. 229/2023 IN CRIME NO. 14/2022 OF EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, THIRUVANANTHAPURAM

Annexure-II TRUE COPY OF THE ORDER DATED 27-02-2023 OF THIS HON'BLE COURT IN B.A NO. 10089/2022

Annexure-III TRUE COPY OF THE RECENT PHOTOGRAPHS SHOWING THE VEHICLE BEARING REG NO. KL-21-G-7181 BEING KEPT IN THE OPEN PREMISES OF THE 2ND RESPONDENT'S OFFICE