Kerala High Court
Mustafa. K vs State Of Kerala on 18 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
CRL.MC NO. 6282 OF 2023
AGAINST THE ORDER/JUDGMENT CRMP 378/2023 OF SPECIAL COURT (NDPS
ACT CASES), VADAKARA
PETITIONER/PETITIONER:
MUSTAFA. K
AGED 34 YEARS
S/O ABI, KUNNUMBRATH HOUSE, KALLIASERRY CENTRAL, ANCHAM
PEEDIKA P.O, MOTTAMMAL, KANNUR, PIN - 670331
BY ADVS.
JAYARAMAN S.
JASNEED JAMAL
RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 STATION HOUSE OFFICER
THALASSERY POLICE STATION, THALASSERY ROAD, GOVT
SCHOOL, THALASSERY, KERALA, PIN - 670101
3 CHAIRMAN
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES AND
CONVEYANCE DISPOSAL COMMITTEE (DEPUTY SUPERINTENDENT OF
POLICE, NARCOTIC CELL), KANNUR-, PIN - 670001
BY ADV. SIR.RENJITH T.R, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.6282 of 2023
2
P.V.KUNHIKRISHNAN, J.
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Crl.M.C.No.6282 of 2023
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Dated this the 18th day of September, 2023
ORDER
Petitioner is the registered owner of Toyota
Fortuner car bearing Registration No.DL 7 CG 8915.
As per the prosecution version, on 16.03.2023,
accused Nos.1 to 4 were found in possession of
17.990 grams of brown sugar while they were
travelling in the above vehicle. The prosecution has
no case that the article was found in the car.
Brown sugar was found from the pocket of one of
the accused. Hence the vehicle was not used for
the commission of the offence, is the submission.
Petitioner submitted an application under Section
Crl.M.C.No.6282 of 2023
451 Cr.P.C. to release the vehicle. The same is
dismissed as per Annexure A3 order. Aggrieved by
the same, this Criminal Miscellaneous Case is filed.
2. Heard the learned counsel appearing for
the petitioner and the learned Public Prosecutor.
3. After going through Annexure A3 order, I
am of the considered opinion that the lower court
has not considered the dictum laid down by this
Court in Shanil v. State of Kerala [2023 (1) KLD
371] in a correct perspective. The question to be
decided is whether the vehicle is used for
conveyance. Admittedly, the contraband was
seized from the pocket of the accused. Whether
the vehicle was used for conveyance is to be
decided by the court below as per the dictum laid
down in Shanil's case (supra). I am of the
considered opinion that the matter has to be
Crl.M.C.No.6282 of 2023
reconsidered by the lower court once again and for
facilitating the lower court to reconsider the matter,
Annexure A3 is to be set aside.
Therefore, this Criminal Miscellaneous Case is
allowed in the following manner:
i) Annexure A3 order is set aside.
ii) The Special Judge (N.D.P.S Act
cases), Vatakara is directed to reconsider
Crl.M.P. No.378/2023, after giving an
opportunity of hearing to the petitioner and
prosecutor concerned, as expeditiously as
possible, at any rate, within a period of two
weeks from the date of receipt of a certified
copy of this order.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
Crl.M.C.No.6282 of 2023
APPENDIX OF CRL.MC 6282/2023
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME
NO.314/2023 OF THALASSERY POLICE
STATION, KANNUR CITY
ANNEXURE A2 TRUE COPY OF THE SEIZURE MAHAZAR
IN CRIME NO.314/2023 OF THALASSERY
POLICE STATION, KANNUR CITY
ANNEXURE A3 TRUE COPY OF THE ORDER DATED
05.06.2023 IN CRL.MP 378/2023 OF
THE HON'BLE COURT OF THE SPECIAL
JUDGE (NDPS CASES), VATAKARA
RESPONDENTS EXHIBITS :NIL
//TRUE COPY// PA TO JUDGE
