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2023 Supreme(Online)(KER) 28269

HIGH COURT OF KERALA
V. G. Arun, J
RESHMA RAMARAJA SHENOY – Appellant
Versus
THE DEPUTY COMMISSIONER OF EXCISE – Respondent


Advocates:
P.U. SHAILAJAN

ORDER

Dated this the 2nd day of March, 2023 Petitioner's car bearing Reg. No. KA-03-NF-8836 was seized in connection with Crime No. 73 of 2022 registered at the Excise Range Office, Iritty alleging commission of the offence punishable under Section 20 (b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act . The crime is registered on the allegation that, on 12.12.2022 at about 11.15 a.m. the excise officials, while on patrol duty, intercepted the car driven by the accused, the husband of the petitioner, and on inspection they found 35 gms of Hashish in the dashboard of the car. The petitioner is not an accused in the crime. Although a petition under Section 451 Cr.P.C. seeking interim custody of the vehicle was moved by the power of attorney holder of the petitioner, it was dismissed as per Annexure A4 order. Thereafter, the petitioner filed Annexure A5 application before the Drug Disposal Committee under Section 52A of the NDPS Act, the same was also dismissed vide Annexure A6 order. Aggrieved, this Crl.M.C. is filed.

2. A perusal of Annexure A4 impugned order shows that the petition seeking interim custody was dismissed, mainly relying on the decision inShajahan v. Insp

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