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2021 Supreme(Online)(KER) 34009
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943 Crl.MC.No.1102 OF 2021(G)
AGAINST THE ORDER/JUDGMENT IN CMP 191/2021 DATED 01-02-2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,NEDUMANGAD CRIME NO.1066/2020 OF Vattiyoorkavu Police Station , Thiruvananthapuram PETITIONER/PETITIONER:
LALU AGED 35 YEARS S/O JALAJAKUMARI, RENJITH BHAVAN, IRUMBA, ARUVIKKARA, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT-695
541.
BY ADV. SRI.M.R.SARIN RESPONDENTS/COUNTER PETITIONER:
1 STATE OF KERALA REPRESENTED THROUGH REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682
031.
2 SUB INSPECTOR OF POLICE, VATTIYOORKAVU POLICE STATION, THIRUVANANTHAPURAM-695
013.
OTHER PRESENT: PP T.R.RENJITH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O R D E R
Dated this the 22nd day of March 2021 The challenge in this Criminal M.C is against Annexure-A5 order dismissing the application filed by the petitioner under Section 451 of Cr.P.C., seeking release of his vehicle seized in connection with Crime No.1066/2020 of Vattiyoorkavu Police Station. The short facts are that, on 20.10.2020, while on patrol duty, the Sub Inspector of Vattiyoorkavu Police found accused Nos. 1 & 2 smoking Ganja while sitting inside the petitioner's vehicle. Thereupon, the accused were arrested and the vehicle seized and Crime No.1066/2020 registered for the offence under Section 27(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The petitioner, who is not an accused, moved the application seeking interim release of his vehicle, contending that, even if the prosecution allegations are accepted in their entirety, the vehicle cannot be considered as conveyance as provided under Section 52(A) of the NDPS Act. The application was dismissed vide Annexure-A5, placing reliance on the decision of Division Bench of this Court in Shajahan Vs.
Inspector of Excise [2019 (4) KLT 207].
2. The Investigating Officer has filed a statement to the effect that the accused persons were sitting inside the vehicle and smoking Ganja, but the vehicle was not used for transportation and hence, was excluded from the charge sheet filed against the accused Nos. 1 & 2. Learned Public Prosecutor also pointed out that the relevant portion of the final report, wherein also it is stated that on investigation it was revealed that the vehicle was not used for transporting Ganja.
3. The Police having excluded the vehicle while filing the charge sheet, it is liable to be released to the petitioner.
In the result this Criminal M.C. is allowed.
Annexure-A5 order is set aside and the Judicial First Class Magistrate-II, Nedumangad is directed to release the vehicle bearing registration No.KL-01-BF- 5999 to the petitioner, on the petitioner being able to substantiate that he is the registered owner of the vehicle.
Sd/-
V.G.ARUN JUDGE
APPENDIX PETITIONER'S EXHIBITS:
ANNEXURE A1 THE CERTIFIED COPY OF THE FIR IN CRIME NO
1066/2020 FILED BEFORE THE HON'BLE JUDICIAL MAGISTRATE COURT 11 NEDUMANGAD DATED
20.10.20 ANNEXURE A2 THE TRUE COPY OF OF THE ORDER IN CRL MC NO
526/2020 OF THIS HONBLE HIGH COURT DATED
21.1.21 ANNEXURE A3 THE CERTIFIED COPY OF FINAL REPORT PENDING AS CC 419/2021 BEFORE HON'BLE JUDICIAL MAGISTRATE COURT 11 NEDUMANGAD ANNEXURE A4 THE COPY OF TH CMP NO 191/2021 BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT 11, NEDUMANGADU FILED BY THE PETITIONER ANNEXURE A5 THE CERTIFIED COPY OF THE ORDER IN AMP NO
191/2021 BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT 11, NDUMANGADU DATED
1.2.21 RESPONDENT'S EXHIBITS: NIL
