ORDER

The petitioner is an autorickshaw driver who is arrayed as accused in Crime No.1033 of 2023 of Mulavukad Police Station. The above case is registered alleging offences punishable under Section

20(b)(ii)A of Narcotics and Psychotropic Substances Act.

The prosecution case is that on 28.06.2023, the Sub Inspector of Police, Mulavukad Police Station found the auto rickshaw driven by the petitioner through the container road and on inspection of the said vehicle, found 5 grms of ganja kept inside the dash board of the said vehicle. The petitioner was arrested with the contraband and the vehicle was seized. Thereafter, the petitioner filed CMP No.5387 of 2023 before the Judicial First Class Magistrate Court – I, Ernakulam. The said petition was dismissed on the ground that the Court is not empowered to release the vehicle on interim custody based on the dictum laid down by this Court in Wilson v. State of Kerala [2022 (7) KHC 450].

2. Heard the counsel for the petitioner and the Public Prosecutor.

3. After hearing both sides, I am of the considered opinion that the impugned order is to be set aside in the light of the dictum laid down by this Court in Shanil v. State of Kerala [ 2023