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2018 Supreme(Ker) 117

P.UBAID
Thausif Ahammed Bengre – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellant : Krishna Prasad S.
For the Respondents: Suman Chakravarthy

ORDER :

P. Ubaid, J.

1. This is a typical case of misuse of the powers of seizure under the Narcotic Drugs and psychotropic Substances Act. The petitioner claims to be the owner of an unregistered vehicle. The person driving the said vehicle was found possessing a small quantity of 40 Gms of ganja at about 8.15 a.m. on 24/12/2016. The said person was arrested by the Circle Inspector of Excise, Mananthavady, and the vehicle was seized as per a mahazar by him. On the basis of the arrest and seizure, a crime was registered against the said person as the first accused. Later the petitioner was also arraigned as second accused on the ground that he is the owner of the vehicle. It appears that without making any enquiry and without application of mind the excise official quite mechanically arraigned the owner of the vehicle as an accused in the case involving a very small quantity of 40 Gms of ganja. The petitioner now seeks orders quashing the crime and further proceedings as against him. On 21/12/2017, this Court directed the Detecting Officer to appear in person and explain the circumstance in which the vehicle happened to be seized. The Detecting Officer accordingly appeared in Court a


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