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2022 Supreme(SC) 1181

SANJAY KISHAN KAUL, ABHAY S. OKA
Sainaba – Appellant
Versus
State of Kerala – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Manoj V. George, Adv. Mr. Prashanth K., Adv. Mr. Junais P., Adv. Ms. Shilpa Liza George, AOR
For the Respondent(s): Mr. Nishe Rajen Shonker, AOR Ms. Anu K. Joy, Adv. Ms. Alim Anvar, Adv.

ORDER

Leave granted.

2. We have heard learned counsel for parties.

3. The appellant alleges that that she is the registered owner of a Maruti Suzuki car and the vehicle was involved in Crime No.74 of 2022 at Manjeri Police Station for offences punishable under Sections 20(b)(ii)(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act,1985 (for short the ‘NDPS Act’). The incident occurred on 30.01.2022 when accused No.1 telephonically asked the appellant’s son i.e. accused No.3 to come to Tirur railway station with car to pick up and drop accused No.1 in his house. While they were so returning from Tirur railway station, the police searched their vehicle and found 4.200 KG of Ganja from a bag of the accused No.1 and accordingly registered the crime.

4. An application was filed by the appellant seeking release of the car. The Special Court, however, dismissed the application and the endeavour of the appellant before the High Court also did not succeed as the Criminal M.C. No.2371/2022 was dismissed on 19.05.2022 which has been assailed before us.

5. It has been opined by the High Court that the Court is not empowered to exercise the jurisdiction under Section 451 of the Code of Cr


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