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2025 Supreme(Online)(Ker) 52181

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
LOUIS JOSE – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 4617 OF 2021 | CRIME NO.79/2019



Advocates:
For the Appellants/Petitioners: SRI.R.DIVAKARAN, SRI.BINOI GEORGE (CHERUKARA)
For the Respondents: SMT.M.P.PRASANATH, PP

A party may seek interim custody of seized property, even after initial denial, if circumstances change.

Headnote:The petition seeks to quash the order denying interim custody of a vehicle involved in Crime No.79 of 2019. The Public Prosecutor informed that the investigation is complete, and the case is pending in court. The petition is dismissed, allowing the petitioner to file a fresh application for custody if needed.

O R D E R

The Crl.M.C. is filed to quash Annexure A4 order passed by the Court of Sessions, Ernakulam declining to grant interim custody of the vehicle bearing Reg.No.KL- 43-L-8855, which is allegedly involved in Crime No.79 of 2019 registered by the Excise Enforcement and Anti-

Narcotic Special Squad, Ernakulam.

The learned Public Prosecutor, on instructions, submits that the investigation in the case is complete and the final report has already been laid. The case is numbered as S.C.No.284 of 2023 and pending before the Additional Sessions Court-I, Ernakulam.

In light of the above submission, the Crl.M.C. is dismissed, but by reserving the the right of the petitioner to file a fresh application seeking interim custody of the vehicle, in case the vehicle has not already been released. If such an application is filed, the Trial Court shall consider and dispose of the same, in accordance with.

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