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2022 Supreme(SC) 1181

SANJAY KISHAN KAUL, ABHAY S. OKA
Sainaba – Appellant
Versus
State of Kerala – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Manoj V. George, Adv. Mr. Prashanth K., Adv. Mr. Junais P., Adv. Ms. Shilpa Liza George, AOR
For the Respondent(s): Mr. Nishe Rajen Shonker, AOR Ms. Anu K. Joy, Adv. Ms. Alim Anvar, Adv.

ORDER

Leave granted.

2. We have heard learned counsel for parties.

3. The appellant alleges that that she is the registered owner of a Maruti Suzuki car and the vehicle was involved in Crime No.74 of 2022 at Manjeri Police Station for offences punishable under Sections 20(b)(ii)(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act,1985 (for short the ‘NDPS Act’). The incident occurred on 30.01.2022 when accused No.1 telephonically asked the appellant’s son i.e. accused No.3 to come to Tirur railway station with car to pick up and drop accused No.1 in his house. While they were so returning from Tirur railway station, the police searched their vehicle and found 4.200 KG of Ganja from a bag of the accused No.1 and accordingly registered the crime.

4. An application was filed by the appellant seeking release of the car. The Special Court, however, dismissed the application and the endeavour of the appellant before the High Court also did not succeed as the Criminal M.C. No.2371/2022 was dismissed on 19.05.2022 which has been assailed before us.

5. It has been opined by the High Court that the Court is not empowered to exercise the jurisdiction under Section 451 of the Code of Cr


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Judicial Analysis

Cases involving the reversal of lower court orders by the Supreme Court in *Sainaba v. State of Kerala*:

* **NOBLE NORBERT vs STATE OF KERALA - 2023 Supreme(Online)(KER) 22065, SAMEESH vs STATE OF KERALA - 2023 Supreme(Online)(KER) 18515, NIKHIL.O.M vs STATE OF KERALA - 2023 Supreme(Online)(KER) 22496, K.V. Abhijith vs STATE OF KERALA - 2023 Supreme(Online)(KER) 29959**: These records explicitly state, "That order was reversed by the Supreme Court in *Sainaba v. State of Kerala*." These cases refer to the specific legal principle that the High Court or trial court orders being cited were subsequently overturned by the Apex Court.

**Followed / Applied as Precedent:**

* **J. RAMANATHAN
vs
STATE OF KERALA - 2022 Supreme(Online)(KER) 42415

, TINS XAVIER vs STATE OF KERALA - 2023 Supreme(Online)(KER) 7775, SARATH vs STATE OF KERALA - 2023 Supreme(Online)(KER) 26051, JESHEER.K.B
vs
THE STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR - 2023 Supreme(Online)(KER) 20278
, JIBIN
vs
STATE OF KERALA - 2023 Supreme(Online)(KER) 23980
, ASHIQUE P M vs STATE OF KERALA - 2023 Supreme(Online)(KER) 7193, ASHIQUE P M vs STATE OF KERALA - 2023 Supreme(Online)(KER) 43736, ABDUL KHADER
vs
STATE OF KERALA - 2023 Supreme(Online)(KER) 11644
, ASBIRA A.V. vs STATE OF KERALA - 2023 Supreme(Online)(KER) 17529, SULFIKKAR ALI vs STATE OF KERALA - 2023 Supreme(Online)(KER) 10285, SREEHARI V vs STATE OF KERALA - 2023 Supreme(Online)(KER) 9438, SREEHARI V vs STATE OF KERALA - 2023 Supreme(Online)(KER) 6777, MOHAMMED SHAREEF vs STATE OF KERALA - 2023 Supreme(Online)(KER) 22321, SUJITH.S vs STATE OF KERALA - 2023 Supreme(Online)(KER) 15162, ADARSH.K.M, vs STATE OF KERALA, - 2023 Supreme(Online)(KER) 22474, Pradeep B. VS District Drug Disposal Committee - 2024 0 Supreme(Ker) 260, Gurbir Singh Anand vs State, Rep. By The Inspector of Police - 2024 0 Supreme(Mad) 2758, Bishwajit Dey VS State of Assam - 2025 1 Supreme 275, Parasuraman Vs State, Rep. By Its The Inspector Of Police - 2025 Supreme(Online)(MAD) 1206, Parasuraman vs State - 2025 0 Supreme(Mad) 3907, Jeevan vs State Rep by its The Inspector of Police - 2025 0 Supreme(Mad) 4685, Ajay Kumar, Son of Raktu Sah vs State of Bihar - 2025 Supreme(Online)(Pat) 1395, Ajay Kumar, Son of Raktu Sah vs State of Bihar - 2025 0 Supreme(Pat) 1563, Annamalai vs State Of Tamilnadu Rep By Inspector Of Police - 2025 0 Supreme(Mad) 5468, Annamalai vs State of Tamilnadu - 2025 Supreme(Online)(Mad) 7209, Madasamy vs State of Tamil Nadu Represented by The Inspector of Police - 2025 0 Supreme(Mad) 5389, Harihara Sudhan S/o. Vetrivelan vs State of Tamilnadu Rep. by the Inspector of Police Keerathurar Police Station - 2025 0 Supreme(Mad) 5431, Rajeshwari vs State of Tamil Nadu, Rep By Inspector of Police, Aranthangi Police Station - 2026 0 Supreme(Mad) 437, Rajeshwari vs State of Tamil Nadu - 2026 Supreme(Online)(Mad) 10908, Maheshwari vs The State of Tamilnadu, Rep. by, The Inspector of Police, PEW, Kovilpatti, Thoothukudi District. - 2026 Supreme(Online)(Mad) 28822, M.Seethai vs The Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi District - 2026 Supreme(Online)(Mad) 32172, Ragini @ Aruna vs State of Tamil Nadu Rep by Narcotics Control Bureau, Chennai Zonal Unit - 2026 Supreme(Online)(Mad) 32170, Pallavi Chaganti vs State of Tamil Nadu Rep by Narcotics Control Bureau, Chennai Zonal Unit - 2026 Supreme(Online)(Mad) 32171**: These cases represent the overwhelming majority of the provided list, which utilize *Sainaba v. State of Kerala* as valid legal authority to support arguments, summarize legal positions, or direct the release of vehicles in interim custody.

* **Murugan vs The State - 2026 Supreme(Online)(Mad) 23381**: This case follows *State of Tamil Nadu*, referencing a judgment of the Hon’ble Supreme Court as a binding precedent.

* **RIYAS ALI.M vs STATE OF KERALA - 2023 Supreme(Online)(KER) 16740, UFSAL RAHIMAN vs STATE OF KERALA - 2023 Supreme(Online)(KER) 22859, P. Vinodh Kumar Surana vs Union of India Rep.by Intelligence Officer, Narcotics Control Bureau - 2024 0 Supreme(Mad) 2751, , Jeevan vs State Rep. by its the Inspector of Police - 2025 0 Supreme(Mad) 3900**: These entries contain fragments or citations of *Sainaba v. State of Kerala* but lack sufficient context to determine if they are being distinguished, criticized, or simply cited. The fragmented nature of the text makes it difficult to definitively assign them a treatment category, though they appear to be referencing the case in a legal research context.

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