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2025 Supreme(Online)(Ker) 58389

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
VINOD L – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI. ENOCH DAVID SIMON JOEL, SRI. S. SREEDEV, SRI. RONY JOSE, SHRI. LEO LUKOSE, SRI. KAROL MATHEWS, SEBASTIAN ALENCHERRY, SHRI. DERICK MATHAI SAJI, SHRI. KARAN SCARIA ABRAHAM, SHRI. RINOY INNOCENT, SHRI. AADITHYA S.R.
For the Respondents: SMT. SEETHA S.

O R D E R Dated this the 19th day of December, 2025 The petitioner is the owner of a car bearing registration No.KL-01-CW-3092 and the accused in Crime No.1197/2025 registered by the Vizhinjam Police Station. The vehicle was seized by the Investigating Officer in the above crime, alleging the commission of the offence punishable under Sections 20 (b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘ Act’, in short).

2. Claiming interim custody of the vehicle, the petitioner filed C.M.P.No.3351/2025 before the Court of the Judicial First Class Magistrate-VII, Neyyattinkara ( Trial Court). However, by Annexure A4 order, the Trial Court dismissed the application, on the ground that the vehicle was used for transporting contraband. Hence, the vehicle cannot be released to the petitioner. Annexure A4 order is erroneous and unsustainable in law. Thus, the Crl.

M.C.

3. I have heard the learned Counsel for the petitioner and the learned Public Prosecutor.

4. The materials on record reveal that the petitioner’s vehicle has been seized by the Investigating Officer in the above crime on the allegation that the accused who was travelling in the vehicle was allegedly found in

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