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2023 Supreme(Online)(KER) 10285

HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
SULFIKKAR ALI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
P.MOHAMED SABAH, LIBIN STANLEY, SAIPOOJA, SADIK ISMAYIL, R.GAYATHRI, M.MAHIN HAMZA, ALWIN JOSEPH

ORDER

Being aggrieved by the order dated 16.03.2023 in C.M.P.No.1306 of 2023 of the Judicial Magistrate of the First Class-I, Thodupuzha, as per which interim custody of vehicle involved in Crime No. 57 of 2022 of Excise Range, Thodupuzha, this petition has been filed under Section 482 of the Cr.P.C.

2. The grievance of the petitioner is only with regard to condition No. (1) of the order by which, as a condition precedent, the petitioner has been ordered to deposit a sum of Rs. 1,80,000/- by way of cash or bank guarantee.

3. Short facts are as under:

A crime was registered by the Excise Range Officer, Thodupuzha, on the allegation that the petitioner, along with another person, were found traveling in a car bearing Reg. No. KL-65C-8241, and they were allegedly found in possession of 110 gms of dried Ganja. Consequent to the registration of Crime No. 57 of 2022 of the Excise Range Office, Thodupuzha, for the offence under Sections 20 (b)(ii)(A), 29, and 60(3) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), the car in which the petitioner was traveling was seized. The petitioner asserts that he is the registered owner of the car and also that he was unaware as re

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