ORDER

Dated this the 9th day of March, 2023 The petitioner's motor bike bearing Registration No.KL-22-F--3353 was seized in connection with Crime No.1584 of 2022 of Nedumangad Police Station. The crime is registered for the offence punishable under Section 22 (a) of the Narcotic Drugs and Psychotropic Substances Act on the allegation that, 0.15 Mg of MDMA was recovered from the petitioner's motor bike. The petitioner is not an accused in the crime.

2. According to the petitioner, one of his friends had taken the motor bike without permission. The petitioner filed a petition under Section 451 Cr.P.C. before the Judicial First Class Magistrate Court-II, Nedumangad with a request to release her vehicle. His request for release of the vehicle dismissed without stating any reason. Aggrieved, this Crl.M.C. is filed.

3. This Court inShanil and Ors. v. State of Kerala and Ors. ( 2023/KER/9753 ) has held that, since Shajahan v.

Inspector of Excise and Ors. [ 2019 (5) KHC 401 ) stands impliedly reversed in the light of the Supreme Court decision in Sainaba v. State of Kerala (2022 (7) KHC (SC)), applications seeking interim custody filed under Section 457 Cr.P.C. are maintainable even if the