Kerala High Court
Aboobakker Alias Noushad vs State Of Kerala on 4 April, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA,
1946
CRL.MC NO. 847 OF 2024
CRIME NO.603/2023 OF KATHIRUR POLICE STATION, KANNUR
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1253 OF 2023
OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE,THALASSERY
PETITIONER/PETITIONER/ACCUSED :
ABOOBAKKER ALIAS NOUSHAD
AGED 34 YEARS
S/O AMMAD, THATTARATH HOUSE,
PERODE-NADAPURAM,
KOZHIKODE DISTRICT, PIN - 673504
BY ADVS.
M.R.SASITH
NEELANJANA NAIR
RESPONDENT/RESPONDENT/STATE :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 STATION HOUSE OFFICER
KATHIRUR POLICE STATION,
KANNUR, PIN - 670 642
3 CHAIRMAN DRUGS DISPOSAL COMMITTEE
DEPUTY EXCISE COMMISSIONER EXCISE DIVISION
OFFICE THAVAKKARA, KANNUR, PIN - 670 002
SRI. NOUSHAD K. A. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 04.04.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC 847/2024
2
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.847 of 2024
...................................................
Dated this the 4th day of April, 2024
ORDER
Petitioner challenges Annexure-A3 order dated 18.09.2023 in CMP
No.3886/2023 in C.C.No.1253/2023 on the files of the Additional
Chief Judicial Magistrate Court, Thalassery.
2. Petitioner's vehicle, bearing registration No.KL-18/AC-3303 was
found to be involved in an offence under the Narcotic Drugs and
Psychotropic Substances Act, 1985. The vehicle was found
transporting 0.310 gms. of MDMA, and hence, the vehicle was
seized by the police. Being aggrieved, petitioner preferred an
application under Section 451 Cr.P.C. The learned Magistrate, by
the impugned order, refused to grant interim custody of the
vehicle on the ground that the confiscation proceedings had
already been initiated.
3. I have heard Sri.Sasith M.R., the learned counsel for the
petitioner as well as Sri.Noushad K.A., the learned Public
Prosecutor as well.
4. In the decision of this Court in Shanil v. State of Kerala, 2023 (2)
KLT 430, and in Pradeep B. v. District Drug Disposal Committee
2024 (2) KHC 274 it has been held that notwithstanding the
pendency of proceedings for disposal of the conveyance before the
Drugs Disposal Committee, the court will be entitled to consider
applications for interim custody of the vehicle.
5. In view of the above preposition of law, the finding of the
learned Magistrate that custody cannot be granted since
confiscation proceedings have already been initiated is erroneous.
6. Accordingly, I set aside Annexure-A3 order dated 18.09.2023 and
direct the Additional Chief Judicial Magistrate Court, Thalassery,
to reconsider the application CMP No.3886/2023 in
C.C.No.1253/2023, as expeditiously as possible, in a time-bound
manner, after granting an opportunity of hearing to the Drugs
Disposal Committee as well.
The Crl.M.C.is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/05/04/2024
PETITIONER ANNEXURES
ANNEXURE A1 THE TRUE COPY OF THE FIR IN NO. CRIME
NO.603/2023 OF KADIRUR POLICE STATION.
ANNEXURE A2 THE TRUE COPY OF THE AFFIDAVIT IN CMP
NO.3886/2023 IN CC.NO.1253/2023 BEFORE
THE HON'BLE ADDITIONAL CHIEF JUDICIAL
MAGISTRATE COURT AT THALASSERY.
ANNEXURE A3 TRUE COPY OF THE ORDER DATED 18.09.2023
PASSED BY THE HON'BLE ADDITIONAL CHIEF
JUDICIAL MAGISTRATE COURT AT THALASSERY
IN CRIME NO.603/2023 OF KATHIROOR POLICE
STATION, KANNUR.
TRUE COPY
