Back
2023 Supreme(Online)(KER) 9721
HIGH COURT OF KERALA
V. G. Arun, J
ABDUL AZEEZ K.P.
– Appellant
Versus
STATE OF KERALA – Respondent
Crl.MC 9076 2022
K.RAKESH, SR. PUBLIC PROSECUTOR SRI. RENJITH GEORGE
An owner of a vehicle seized under the NDPS Act can file for interim custody regardless of the status of confiscation proceedings.
Headnote:
Seizure - Vehicle Custody - Narcotic Drugs and Psychotropic Substances Act, Section 20(b)(ii)(A); Code of Criminal Procedure, Section 457 - The court emphasized that the owner of a vehicle seized in NDPS cases has the right to seek interim custody, and the Magistrate must evaluate such petitions without prejudice.
Fact of the Case:
The petitioner's vehicle was seized in connection with a narcotics case while police discovered individuals using ganja in the car. The petitioner, not an accused, sought the vehicle's release through a petition under Cr.P.C. Section 457, which was rejected.
Finding of the Court:
The court determined that the dismissal was unjust due to incorrect reliance on ongoing confiscation proceedings, ruling that the petitioner is entitled to have their petition for interim custody reconsidered.
Issues: Whether the Magistrate could deny the petitioner's claim for interim custody based solely on the vehicle being forwarded to the Drug Disposal Committee.
Ratio Decidendi: The court ruled that the existence of confiscation proceedings does not hinder the owner's right to seek interim custody under Section 457 of the Cr.P.C., and the merits of the petition must be evaluated.
Final Decision: The order dismissing the vehicle release petition was quashed, directing reconsideration by the Magistrate.
JUDGMENT
Dated this the 15th day of February, 2023 Petitioner's car bearing Registration No. KL-10-AM-4372 was seized in connection with Crime No. 517/2022 of Vazhakkad Police Station, registered for the offence punishable under Section 20 (b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act . The crime is registered on the allegation that, on 07.10.2022 at about 22.00 Hrs., while on patrol duty, the police found three persons smoking ganja inside the car and on search, three packets of ganja was recovered from their pockets. The petitioner is not an accused in the crime. Although petitioner moved a petition under Section 457 of Cr.P.C. seeking release of the vehicle, that was dismissed as per Annexure B order. Aggrieved, this Crl.M.C. is filed.
2. A perusal of the impugned order shows that the main reason stated in Annexure B is that confiscation proceedings has commenced and the vehicle handed over to the Drug Disposal Committee.
3. This Court inShanil and Ors. v. State of Kerala and Ors. ( 2023/KER/9753 ) has observed that vehicles seized in connection with offences under the NDPS Act are not produced in court, since Section 52A of NDPS Act provides for certification of the inventory of the contraband and conveyance by the jurisdictional court. It is hence held that, the owner of the vehicle is entitled to file petition seeking interim custody under Section 457 Cr.P.C. and the jurisdictional Magistrate or Special Judge, as the case may be, should consider the petition on merits.
Hence, Annexure B order is quashed and the Judicial First Class Magistrate, Malappuram is directed to reconsider C.M.P. No. 3179 of 2022 and pass orders afresh, de hors the fact that the petitioner's vehicle has been forwarded to the Drug Disposal Committee. The application being one filed under Section 457 Cr.P.C., the fact that the vehicle is not produced before the Court does not take away the jurisdiction vested with the Magistrate Court under Section 457 Cr.P.C. Depending on the orders passed by the Magistrate, the vehicle shall be released to the petitioner's custody.
Ordered accordingly.
