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HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
SHIJU VELAPPAN – Appellant
Versus
EXCISE RANGE INSPECTOR MUVATTUPUZHA – Respondent
| Table of Content |
|---|
| 1. seizure of vehicle under ndps act necessitates judicial review. (Para 1) |
| 2. jurisdictional conflict under ndps act remains. (Para 2) |
| 3. prior case law affirms court's interim custody powers. (Para 3) |
| 4. court's authority persists regardless of procedural influences. (Para 4 , 5) |
BECHU KURIAN THOMAS, J. -----------------------------------------
Crl.M.C. No. 392 of 2024 ----------------------------------------
Dated this the 31st day of January, 2024 ORDER Petitioner’s vehicle bearing Registration No. KL-44-F-7426 was allegedly involved in offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (For short ‘the NDPS Act’). The vehicle was seized. Immediately thereafter, petitioner filed an application under Section 451 of Cr.P.C before the Judicial First Class Magistrate's Court I, Muvattupuzha. By the impugned order dated 27-10-2023 in C.M.P.No.4539/2023 in Crime No.47/2023 of Excise Range Muvattupuzha, the learned Magistrate dismissed the application, stating that the Court has no jurisdiction since the conveyance was seized under Section
52(a)(i) of the NDPS Act, 1985.
2. Sri. Joseph Kiran D Thekkekara, the learned counsel for the petitioner relied upon
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