ORDER

The petitioner is the accused in Crime No. 47/2022 of Alappuzha Excise Range. This petition is filed challenging the order dated 8.12.2022 passed by the Judicial First Class Magistrate Court I, Alappuzha, in C.M.P No.3602 of 2022.

2. The facts of the case are as follows:

On 28.2.2022, at about 10 pm, the petitioner was intercepted by the Excise Inspector while he was travelling on a motor bike bearing Registration No. KL 04 AK 3419 and on search, 0.175 gm of MDMA was found concealed under the backseat. The vehicle was seized, and the petitioner was arrested.

3. An application for interim release of vehicle was submitted by the petitioner before the learned Magistrate. However, the same was rejected by the learned Magistrate on the ground that the vehicle has been produced before the Drug Disposal Committee in terms of the orders issued by the learned Magistrate.

4. The learned counsel appearing for the petitioner submitted that the order passed by the learned Magistrate cannot be sustained under law. According to the learned counsel, the learned Magistrate has not followed the principles laid down by this Court in Shanil v. State of Kerala [ 2023 (1) KLT 371 ].

5. Heard the learne