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2022 Supreme(Ker) 896

A. BADHARUDEEN
Wilson C. C. S/o Chiriyakku – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: T. Sanjay, P.P. Niyas, R. Midhun, Sanil Kumar G.
For the Respondent: G. Sudheer.

JUDGMENT :

A. BADHARUDEEN, J.

1. This writ petition (criminal) has been filed under Article 226 of the Constitution of India and the prayer herein are as under:

    (i) Call for the records leading to Ext P3 order and issue a writ of certiorari or any other appropriate writ order or direction quashing Ext P3 order passed by the Court of Sessions, Ernakulam (Special Court under NDPS Act).

(ii) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the Court of Sessions, Ernakulam (Special Court under NDPS Act) to release the car bearing registration number KL 46 W 6400 to the Petitioner.

(iii) Grant such other relief as this honorable court deem fit in the interest of justice.

2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor appearing for the State.

3. Ext.P3 order is under challenge in this writ petition, whereby the learned Special Judge, Ernakulam (Special Court under NDPS Act), dismissed an application filed by the writ petitioner herein, who is the owner of a Maruti Car bearing registration number KL 46 W 6400, involved in Crime No. 158 of 2022 of Thrikkakara Police Station, seeking grant of interim custody of the above

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