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2023 Supreme(Online)(KER) 412

HIGH COURT OF KERALA
P. G. Ajithkumar, J
FAIZAL U.K – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
P.V.ANOOP, K C MOHAMED RASHID, PHIJO PRADEESH, PHILIP ANJU R S, BIJITHA B. BOSE

O R D E R

This petition under Section 482 of the Code of Criminal Procedure, 1973 (Code) is filed seeking to quash Annexure D order whereby the request of the petitioner to release vehicle bearing Reg.No.KL-58-AB-4723 car on interim custody to him was dismissed and further to allow him to have interim custody of the vehicle.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

3. Crime No.877 of 2023 of Iritty Police Station was registered alleging an offence punishable under Section 22 (a) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The accused allegedly had used the said vehicle to transport 0.72 grams of Methamphetamine. The accused was arrested and the contraband as also the vehicle were seized. The petitioner is the owner. He filed C.M.P.No.3455 of

2023 seeking interim custody of the vehicle invoking the provisions of Section 451 of the Code. The court below dismissed the petition for two reasons, namely, the vehicle being the conveyance used for transporting the contraband cannot be released on interim custody in view of the provisions of Section 52A (1) of the NDPS Act and the colour of the vehicle at the time of regi

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