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2025 Supreme(Online)(Ker) 49431

IN THE HIGH COURT OF KERALA AT ERNAKULAM
,
MUJEEB RAHMAN A.V. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners:
For the Respondents: Public Prosecutor

Table of Content
1. petitioner accused in possession of seized cash. (Para 1)
2. doubt on forfeiture basis for seized funds. (Para 2)
3. court allowed reconsideration of the prior order. (Para 4)

O R D E R

The petitioner is the sole accused in Crime No.1256 of 2024 registered at the Malappuram Police Station for offences punishable under Sections 111(3) and 111(7) of the Bharatiya Nyaya Sanhita, 2023 . The crime is registered on the allegation that on 17.8.2024, at about 18.00 hours, at a place called Machingal in Malappuram, the petitioner was found in possession of Rs.10,44,000/- intended for distribution in violation of the laws relating to money exchange. After seizure and registration of the crime, the cash was produced in court. Thereupon, the petitioner filed an application under Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking release of the cash. The learned Magistrate, having dismissed the application for interim custody, this Crl.M.C. is filed.

2. The learned counsel for the petitioner points out that the only reason stated in the impugned order is that, as per Section 107 of the BNSS, proceeds of the crime is liable to be attached and forfeited t

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