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2023 Supreme(Online)(KER) 17529

HIGH COURT OF KERALA
V. G. Arun, J
ASBIRA A.V. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
V. JOHN SEBASTIAN, RALPH VISHNU CHANDRAN, RALPH RETI JOHN, APPU BABU, SHIFNA MUHAMMED, SHUKKUR GIRIDHAR, KRISHNA KUMAR, VISHNUMAYA M.B., GEETHU T.A., APOORVA RAMKUMAR, M.C.ASHI

ORDER

Dated this the 05th day of April, 2023 The petitioner is the owner of a Volkswagen Polo car bearing registration No.KL-16-Y-9889. The vehicle was seized in connection with Crime No.1863 of 2021, registered at the Chirayinkeezhu police station, alleging commission of the offence under Section 20 (b) (ii) B of the Narcotic Drugs and Psychotropic Substances Act .

2. The petitioner, who is not an accused in the crime, approached the jurisdictional court seeking interim custody of the vehicle. That petition was allowed by Annexure-2 order, subject to conditions. Although the petitioner complied with the conditions, the investigating officer refused to release the vehicle as it was produced before the Drug Disposal Committee. Faced with such a situation, the petitioner approached the jurisdictional court again for directing the investigating officer to release the vehicle in terms of the earlier order. The request was rejected by Annexure-3 order, based on the submission of the Public Prosecutor that the court cannot direct release of vehicles produced before the Drug Disposal Committee. Aggrieved, this Criminal Miscellaneous Case is filed.

3. Heard, learned Counsel for the petition

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