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2026 Supreme(Online)(Ker) 10555

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


Advocates:
For the Appellants/Petitioners: SRI.P.MOHAMED SABAH, SRI.LIBIN STANLEY, SMT.SAIPOOJA, SRI.SADIK ISMAYIL, SHRI.RAYEES P., SHRI.BENSON AMBROSE
For the Respondents: SRI C S HRITHWIK

ORDER

The petitioner is the owner of a car bearing registration No. KL-57-J-7702, which was seized by the Investigating Officer in Crime No.131/2025 of the Karuvarakundu Police Station, Malappuram, for allegedly being involved in an offence punishable under Section 22 (a) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’, in short).

2. Claiming interim custody of the vehicle, the petitioner filed an application before the Court of the Judicial First Class Magistrate-I, Manjeri (‘learned Magistrate’, for brevity). By Annexure 1 order, the learned Magistrate allowed the application, but has directed the petitioner to furnish a cash deposit of Rs.4,70,000/-, being the market value of the vehicle. The said condition is onerous and unjustifiable. Hence, the said condition in Annexure 1 order may be set aside.

3. I have heard the learned counsel appearing for the petitioners and the learned Public Prosecutor. 4. Undisputedly, the petitioner’s vehicle was seized by the Investigating Officer on the allegation that the accused was found in conscious possession of 0.310 grams of MDMA in his purse while using the above-said vehicle. The accused was arrested on the spot w

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