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2023 Supreme(Online)(KER) 9231

HIGH COURT OF KERALA
P.V. KUNHIKRISHNAN, J
PRINCE K.V – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
K.MOHAMMED RAFEEQ, BIBIN MATHEW, P.M.MATHEW, AMARNATH R, LAL, SANALDEV, E.P.VISHNUMAYA, ANANDAN SONYMON ANTONY

O R D E R

This Crl.M.C. is filed to quash Annexure-2 order by which an application under Sec. 451 Cr.P.C. filed by the petitioner is dismissed. The petitioner is the accused in Crime No. 583/2022 of Karuvarakkund Police Station. The offence alleged against the petitioner is under Sec. 22(b) of the Narcotic Drugs and Psychotropic Substances act, 1985.

2. The prosecution case is that on 23.11.2022 at 12.45 am, the 1st and 2nd accused were found in possession of 4.5 gms of MDMA. It is also the case of the prosecution that at the time of search, his mobile phone and original driving licence was seized by the police. The petitioner filed an application under Sec. 451 Cr.P.C. to release the mobile phone and driving licence. The same is dismissed as per Annexure-2 order.

Aggrieved by the same, this Crl.M.C. is filed.

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

4. The prosecution against the petitioner is for the offence under Sec. 22(b) of the NDPS Act. The original driving licence and the mobile phone is seized by the police. That is not connected to the crime. In such circumstances, there can be a direction to release the same with a condition that the

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