O R D E R

The petitioner is the accused in Crime No.102/2023 of Vattiyoorkavu Police Station registered for the offence punishable under Section 22(b) of the NDPS Act . The crime was registered on the allegation that, at 4.15 pm on 6/2/2023, 1.320 gm of MDMA was recovered from the petitioner's possession. The motor cycle in which the petitioner had reached the spot was also seized. Although the petitioner, moved a petition under Section 457 Cr.PC , seeking interim release of his vehicle, mobile phone, ATM Cards, Aadhar Card and purse, the Additional Sessions Court-1, Thiruvananthapuram allowed the prayer for the release of Purse, two ATM cards and digital watch and refused to release his vehicle and mobile phones. Aggrieved, this Crl.MC is filed.

2. Learned Counsel for the petitioner contended that even going by the prosecution case, the contraband was seized from the petitioner's personal possession and hence the vehicle cannot be treated as a conveyance used for transporting the contraband. In support of this contention, reliance is placed on the decision inThausif Ahammed Bengre v. State of Kerala[ 2018(1) KHC 598 ]. It is contended that even in cases where the inventory of the v