ORDER

The petitioner's Maruti Swift Car bearing registration No.KL 46 U 5071 was seized in connection with Crime No. 251/2025 registered at the Kunnamkulam Police Station for the offence punishable under Section 22 (a) of the NDPS Act. The crime was registered on the allegation that, 0.35 grams of MDMA was recovered from the pocket of the driver of the car. The petitioner not being an accused, moved an application seeking interim custody of the car.

2. By the impugned Annexure C order, the learned Magistrate dismissed the application primarily on the ground that the vehicle was made over to the Drug Disposal Committee as provided under Section 52A of the NDPS Act. 3. The learned counsel for the petitioner referred to the decisions of this Court inShanil vs. State of Kerala ( 2023 (2) KHC 88 ) andFaizal U.K. vs. State of Kerala ( 2023 KHC OnLine 9424 ) to contend that the procedure for disposal under of the NDPS Act does not deprive the jurisdictional courts of its power to grant interim custody of the vehicle under Section 497 of the BNSS.

4. I heard the learned Public Prosecutor also.

5. There is substantial m