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2026 Supreme(Online)(Ker) 5121

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SAFWAN M A – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.R.ANAS MUHAMMED, SHAMNAD, SRI.MOHAMED BAQIR, SADR P. M., SRI.T.U.SUJITH KUMAR, SRI.SALEEK.C.A., SRI.HAMDAN MANSOOR K., SRI.THAREEK T.S., SRI.C.C.ANOOP
For the Respondents: SRI M P PRASANTH

C.S.DIAS, J.

---------------------------------------------

Crl.M.C.No.780 of 2026 ------------------------------------------------

Dated this the 29th day of January, 2026

ORDER

The petitioner is the registered owner of a vehicle bearing registration No.KL 14 AE 3324 which has been seized by the Detecting Officer in Crime No.848 of 2025 of the Manjeshwar Police Station, alleging that the vehicle was used for commission of the offence punishable under Section 22 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘ the NDPS Act’ in short).

2. Claiming interim custody of the vehicle, the petitioner filed an application before the Court of Sessions, Kasaragod. However, by Annexure A1 order, the above court has allowed the application, but subject to the condition the petitioner furnishes a bank guarantee for Rs.1,07,000/-. The above condition is onerous and unjustifiable, especially because the vehicle was not used for transportation of the contraband. The total contraband involved in the case is 8.77 gms of MDMA, which was seized from the conscious possession of the accused.

Therefore, the above condition may be set aside.

3. I have heard the learned Counsel appearing for th

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