O R D E R

Dated this the 06th day of September, 2021 This petition is filed against an order passed by Judicial First Class Magistrate Court III, Thrissur (for short 'the court below') in Crl.M.P.No.3741/2020 in Crime No.1416/2020 of Ollur Police Station. The impugned order is produced alongwith the petition as Annexure A5. The grievance of the petitioner was that the court below has dismissed an application moved by her under Section 451 Cr.P.C seeking for interim custody of the vehicle, on the allegation that it has been used for commission of an offence punishable under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').

2. As per the prosecution case, the accused were consuming 'Ganja' by sitting on a motor cycle bearing Registration No.KL-08-BL-1081. Thereupon, they were arrested and Crime No.1416/2020 was registered. The Motor cycle was seized. According to the learned counsel the vehicle was not used for transportation of the contraband and therefore it is not liable either for disposal or for confiscation and the court below is erred and unjustified in dismissing the application filed under Section

451 Cr.P.C seeking for release of the vehicle in interim custody.

3. The motor cycle belongs to the petitioner and she is the registered owner of the same. The accused are her friends and the vehicle has been taken from her custody by them for travel purpose alone. The respondent has found the accused sitting on the vehicle and smoking Ganja.

4. The accused have no case that the vehicle was not possessed by them at the relevant time. Therefore it cannot be said that the vehicle was not used for transportation of the contraband. The vehicle being a conveyance used in the commission of an offence under the Act, is liable for disposal under Section 52A of the NDPS Act or else for confiscation under Section 60 of the said Act. Being a registered owner, the petitioner could very well show her cause as contemplated under sub-section (3) of Section 60 NDPS Act before the authority for confiscation or before the Drug Disposal Committee when it has been seized by them for the purpose, as the case may be. The offence allegedly involved being one coming under the NDPS Act, invocation of jurisdiction under Section 451 Cr.P.C is barred.

Crl.M.C fails for the reasons and is dismissed in limine.

Sd/-

MARY JOSEPH JUDGE

NAB

APPENDIX PETITIONERS ANNEXURES ANNEXURE A1 TRUE COPY OF THE SEIZURE MAHAZAR DATED

02-07-2020 EVIDENCING THE SEIZURE OF THE TWO BEEDI STUMPS AND THE SCOOTER BEARING REGISTRATION NUMBER KL8-BL-1081 ANNEXURE A2 TRUE COPY OF THE FIR IN CRIME NO.1416/2020 DATED 2/7/2020 OF OLLUR POLICE STATION, THRISSUR DISTRICT ANNEXURE A3 TRUE COPY OF THE FINAL REPORT DATED

06-07-2020 IN CRIME NO.1416/2020 OF OLLUR POLICE STATION, THRISSUR DISTRICT ANNEXURE A4 TRUE COPY OF THE RC BOOK, INSURANCE CERTIFICATE OF THE VEHICLE BEARING REGISTRATION NO.KL-08-BL-1081 HONDA DIO ANNEXURE A5 COPY OF THE ORDER DATED 30-07-2020 IN CRL.MP.NO.3741/2020 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT III, THRISSUR IN CRIME NO.1416/2020 OF OLLUR POLICE STATION, THRISSUR RESPONDENTS ANNEXURES : NIL //TRUE COPY//

P A TO JUDGE