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2023 Supreme(Online)(KER) 10751

HIGH COURT OF KERALA
V. G. Arun, J
Rahul K Prathapan – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
THOMAS ABRAHAM (NILACKAPPILLIL), ARUN TOM PHILIP

JUDGMENT

Dated this the 2nd day of March, 2023 The petitioner's car bearing Registration No. KL-35-G-

0658 was seized in connection with Crime No. 552 of 2022 of Njarakkal 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, the accused was found in possession of 0.30 gms of MDMA in his purse which was kept in the dashboard of the car and the vehicle was also seized by the police. The petitioner is not an accused in the crime.

2. According to the petitioner, on 29.04.2022 his neighbour borrowed the car for taking his pregnant wife to the hospital. Although, the petitioner moved a petition before the Sessions Court, Ernakulam for release of the vehicle, by Ext. P5 the same was disposed of stating that it has no jurisdiction under Section 451 of Cr.P.C. Thereafter, the petitioner submitted an application before the Drug Disposal Committee seeking release of the vehicle. However, the DDC decided to confiscate and dispose of the vehicle vide Ext.P7 order. Aggrieved, this writ petition is filed.

3. A perusal of Ext. P5 order shows that the petition seeking interim custody was di

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