Ameershan vs State Of Kerala
2023 Latest Caselaw 5811 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR.JUSTICE V.G.ARUN
    WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
                    CRL.REV.PET NO. 297 OF 2023
AGAINST THE ORDER/JUDGMENT CRMP 347/2023 OF ADDITIONAL DISTRICT
               COURT & SESSIONS COURT - II, KALPETTA


REVISION PETITIONER/PETITIONER:

            AMEERSHAN
            AGED 26 YEARS
            S/O KUJIMOITHEEN, ILLIKKAL HOUSE,EDARIKODE P.O.,
            MALAPPURAM DISTRICT., PIN - 676501

            BY ADVS.
            P.M.MANOJ
            T.B.GAFOOR
            S.RUSSEL
            P.ANTO THOMAS
            HAMZATH ALI V.K.
            SAFWAN K.
            MEERA PRAKASH
            ANZAR BASHEER

RESPONDENT/RESPONDENT

            STATE OF KERALA
            REP. BY EXCISE INSPECTOR OF POLICE, EXCISE RANGE
            OFFICE, MANATHAVADY, REP. BY PUBLIC PROSECUTOR, HIGH
            COURT AT ERNAKULAM, PIN - 682031




            PP M.C.ASHI


     THIS    CRIMINAL     REVISION   PETITION   HAVING   COME   UP   FOR
ADMISSION ON 24.05.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 Crl.R.P No. 297 of 2023
                                  2



                               ORDER

Dated this the 24th day of May, 2023

The petitioner is the owner of a Toyota Innova car

bearing registration No.KL-60-K-4142, seized in connection

with Crime No.60 of 2021 registered at the Mananthavady

Excise Range against five persons named Shibin,

Muhammed Niyas, Ajmal M., Muhammed Ajmal and

Nadirsha under Sections 22(b) and 29 of the Narcotic Drugs

and Psychotropic Substances Act ('the Act' for short).

2. The prosecution allegation is that, the above named

persons, while travelling in the petitioner's vehicle, were

found to be carrying 7 gms of MDMA, concealed in the

dashboard of the car. After completion of investigation and

filing of final report, the case is now pending on the files of

the Special Judge's Court, Wayanad as S.C No.368 of 2021.

3. Being the owner of the vehicle and not an accused,

the petitioner sought interim custody of his vehicle. The

Special Court having rejected that application, this Crl.R.P. Crl.R.P No. 297 of 2023

is filed.

4. Learned counsel for the petitioner contended that

the reasoning of the Special Court is wrong. The application

for interim custody is rejected by relying on Section 60(3) of

the Act. It is contended that, confiscation under Section

60(3) would come into play only after trial and has no

application in an application for interim custody.

5. Learned Public Prosecutor referred to paragraph 8

of the order, wherein the Special Court referred to this

Court's observation in Shanil and Ors. v. State of Kerala

and Ors. [2023 (2) KHC 88] that, even for the purpose of

deciding an application for interim custody, reference can be

made to Section 60(3) of the NDPS Act.

6. No doubt, in Shanil's case it is observed that the

jurisdictional court can decide whether the seized vehicle

could be termed as conveyance used for carrying

contraband and the complicity or otherwise of the owner, as

stipulated in Section 60(3). Even then, the petitioner not

being an accused and in the absence of materials to Crl.R.P No. 297 of 2023

indicate that the vehicle was entrusted with the accused,

with the knowledge that it would be used for clandestine

purposes, I am inclined to direct release of the vehicle.

7. Accordingly, the Special Judge/Additional District

and Sessions Judge-II, Kalpetta is directed to release the

vehicle bearing registration No.KL-60-K-4142 on interim

custody, subject to the petitioner satisfying the court that he

is the registered owner of the vehicle. The Special Court can

impose appropriate conditions while releasing the vehicle.

The Crl.R.P is allowed as above.

Sd/-

smm                                 V.G.ARUN, JUDGE