ORDER

The above Crl.M.C. is filed to quash Annexure-A4 order passed by the Judicial First Class Magistrate Court–I, Ernakulam in C.M.P.No.5933/2023 in Crime No.870/2023 of Mulavukadu Police Station. Annexure - A2 was a petition filed under Section 451 of the Cr.P.C. to get interim custody of the Honda DIO DLX, Grey in colour motor cycle/Scooter bearing Registration No.KL-42-U-1176 involved in Crime No.870/2023 of Mulavukadu Police Station. The crime was registered alleging offences punishable under Section 22(a) of the Narcotic Drugs and Psychotropic Substances Act , 1985. The Court below rejected the application mainly based on the decision inWilson V. State of Kerala [ 2022 (7) KHC 450 ].

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

3. After hearing both sides, I am of the considered opinion that the impugned order is to be set aside in the light of the dictum laid down by this Court in Shanil v. State of Kerala [ 2023 (2) KHC 88 ]. After considering all the earlier decisions, this Court passed a detailed order in the above case. It will be better to extract the relevant portion of the above judgment here:

11. Although, in Shajahan(supra), this Court held the M