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2025 Supreme(Online)(Ker) 14054

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. G. Ajithkumar, J
ABBAS.P.E – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
RAJESH KUMAR T.K, MANOJ V GEORGE(D/1527/2004), T.N.BINDU(B-202), ASWIN K.R.(K/101/2021), MATHEWS BENNY(K/001194/2021), KEERTHANA.V(K/1968/2019), THUSHARA PAILY(K/001198/2000), ANASWARA HARI(K/1117/2022)

JUDGMENT

This original petition is filed with following prayers:

i. Direct the respondents to release a swift car of the petitioner Bearing No.KL.10 AZ 3944 in Crime No.5/2020 of Excise Range office Kollamkode in the interest of justice.

ii. Issue such other further reliefs as are necessary in the interests of justice.

(SIC)

2. The impugned order in this case is Ext.P2. As per Ext.P2, an application filed by the petitioner under Section 451 Cr.P.C. seeking interim custody of a car bearing registration No.KL-10/AZ-3944 is dismissed. According to the petitioner, he purchased the above car from one Abdul Rahiman and his car was seized alleging that ganja was transported in the car. But the application was dismissed by the Sessions Court, stating that the Sessions Court has no jurisdiction to entertain such an application. Hence this original petition.

3. Heard.

4. Ext.P2 is the impugned order. The relevant portion of the above order is extracted hereunder:

“5. Point: Admittedly, the car sought to be released was seized by the Sub Inspector of Police, Ottapalam in connection with a case involving the offence punishable u/s.20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act .

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