ORDER

This Criminal Miscellaneous Case is filed challenging the order dated 20.02.2023 in Crl.M.P.No.524 of 2023 in Crime No.10/2022 of Thrithala Excise Range, passed by the First Additional Sessions judge, Palakkad. The above Crl.M.P was filed under Section 451 Cr.P.C. to release the vehicle bearing Registration No.KL-46-W-1154 which was seized in Crime No.10/2022 of Thrithala Excise Range. The above case was registered under Section 22(b)

and Section 25 of the NDPS Act.

2. According to the petitioner, he is the registered owner of the Royal Enfield Motor cycle bearing Registration No.KL-46-W-1154. It is stated that the motor vehicle was seized and is now exposed to the sun and rain. It is submitted that the vehicle may be released after imposing any conditions. The learned Sessions judge dismissed the case mainly for the reason that the court has no jurisdiction to entertain a petition under Section 451 Cr.P.C. to release the vehicle involved in NDPS Act, relying on the judgment of Apex Court inShajahan v. Inspector of Excise [2019 (4) KLT 507] . Aggrieved by that order, this Crl.M.C. is filed.

3. Heard the learned counsel appearing for the petitioner and the learned Public Prosecu