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2024 Supreme(Online)(KER) 12303

HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
DAVOOD – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.V.V.JOY, SRI.RAJIT, SRI.RAMAKRISHNAN M.N.
For the Respondents: SMT.V.SREEJA, SRI.K.R.RAJAGOPALAN NAIR, SRI.NAVANEETH N. NATH

ORDER

Petitioner's passport was seized by the Intelligence Officer of the Narcotics Control Bureau alleging commission of an offence under the Narcotic Drugs and Psychotropic Substances Act,1985 (for short 'the NDPS Act'). Petitioner's application for interim custody of his passport filed under section 451 of the Code of Criminal Procedure, 1973 (for short ' Cr.P.C .') was dismissed by the impugned order and hence this challenge under section 482 Cr.P.C .

2. On 12.09.2021, a parcel was allegedly received at a Cargo office at Kochi and on verification it was found that the parcel contained 3.500 kgs of hashish oil in 8 containers and the consignee's address and the mobile number was that of the petitioner. For the last ten years, petitioner had been working in Bahrain and he came down to India only on 11.03.2022. He was interrogated, and arrested on 02.04.2022, and his passport, identity card issued by the Kingdom of Bahrain and his mobile phone were seized. Petitioner was later released on bail on 09.05.2022.

3. In the meantime, petitioner filed Crl.M.P. No.1260 of 2022 before the Sessions Court, Ernakulam, under section 451 Cr.P.C . seeking release of his passport, ID card and mob

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