IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY, THE 15^TH DAY OF FEBRUARY 2023 / 26TH MAGHA, 1944 CRL.MC NO. 9076 OF 2022 CRIME NO.517/2022 OF Vazhakkad Police Station, Malappuram AGAINST THE ORDER/JUDGMENTCMP 3179/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,MALAPPURAM PETITIONER:

ABDUL AZEEZ K.P.

AGED 61 YEARS S/O. IMBICHAMMAD, AGED 61 YEARS, ANUGRAHAM HOUSE, MUNDUMUZHI, VAZHAKKAD, MALAPPURAM DISTRICT, PIN -

673640 BY ADV K.RAKESH RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031

2 THE STATION HOUSE OFFICER VAZHAKKAD POLICE STATION, MALAPPURAM DISTRICT, PIN -

673640

3 THE DRUG DISPOSAL COMMITTEE, MALAPPURAM REPRESENTED BY ITS CHAIRMAN, THE DEPUTY EXCISE COMMISSIONER, MALAPPURAM, MALAPPURAM DISTRICT, PIN -

676505 BY SR. PUBLIC PROSECUTOR SRI. RENJITH GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

15.02.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

JUDGMENT

Dated this the 15^th 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 in Shanil 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.

Sd/-

V.G.ARUN JUDGE sb APPENDIX OF CRL.MC 9076/2022 PETITIONER ANNEXURES Annexure A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF CAR BEARING NO.KL-10-AM-4372 Annexure B A TRUE COPY OF THE ORDER DATED 10-11-2022 IN C.M.P.NO.3179/2022 OF J.F.C.M, MALAPPURAM