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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
ARIFUDHEEN – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. petitioner seeks custody of a seized vehicle for a lengthy period. (Para 1 , 2 , 3 , 5 , 6 , 7) |
| 2. arguments were made regarding the vehicle's prolonged judicial custody. (Para 4) |
| 3. court cited earlier case law emphasizing interim custody. (Para 8) |
| 4. court allowed custody with specific conditions. (Para 9) |
O R D E R
Dated this the 21st day of January, 2026 The petitioner is the registered owner of a vehicle bearing Registration No.KL-56-5796.
2. Alleging that the vehicle was used for committing offences punishable under Section 272 of the Bharatiya Nyaya Sanhita , 2023 and Section 120 (e) of the Kerala Police Act , the Nilambur Police registered Crime No.345/2025, and seized the vehicle in question.
3. Claiming interim custody of the vehicle, the petitioner filed an application before the Court of the Judicial First Class Magistrate, Nilambur (‘Trial Court’, in short). However, by the impugned Annexure A2 order, the learned Magistrate dismissed the application as per principles laid down by this Court in Writ Petition No.7844/2023. Annexure A2 order is unreasonable and unjustifiable. Hence, the Crl.M.C.
4. I have heard the learned Counsel for the petitioner and the l
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