ORDER :

Does the dictum laid down by the Division Bench of this Court in the decision in Shajahan v. Inspector of Excise [2019 (5) KHC 401: 2019 (4) KLT 507] interdict a Magistrate from exercising the power under Section 451 Cr.P.C in respect of a mobile phone seized from the possession of a person in the course of a search conducted under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act')? This is the question posed for consideration in this petition filed under Section 482 Cr.P.C.

2. The petitioner is the first accused in the case registered as Crime No.212/2020 of the Vakathanam police station under Section 20(b)(ii)A of the Act and also under Sections 269 and 188 I.P.C and the provisions of the Kerala Epidemic Diseases Ordinance, 2020.

3. The prosecution case is that, on 06.04.2020, at about 14.10 hours, when the petitioner and the second accused in the case were travelling on an unregistered motor cycle, the Sub Inspector of Vakathanam police station intercepted them and on conducting search of the body of the petitioner, three grams of ganja oil was found in his possession. Smoking paper and other articles were found