SIRAJ JALEEL Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the first accused in the case registered as Crime No. 25/2020 of the Peruvanthanam Police Station under Section 20(b)(ii)A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act').

(2.) The prosecution case is as follows: On 22.01.2020, at about 18.00 hours, at the place Panchalimedu, the Sub Inspector of Peruvanthanam Police Station inspected the car, which was yet to be registered, which was driven by the petitioner. On inspection of the car, 66 grams of ganja was found in the dickey of the car. The Sub Inspector seized the ganja and the vehicle and arrested the petitioner and the other persons who were travelling in the car. A case was registered against them for the offence under Section 20(b)(ii)A of the Act as Crime No.25/2020.

(3.) The car was produced before the Magistrate's Court concerned. The petitioner filed an application under Section 451 Cr.P.C in that court for granting interim custody of the vehicle to him, claiming that he is the owner of that vehicle. As per Annexure-A5 order, relying upon the decision of the Division Bench of this Court in Shajahan v. Inspector of Excise : 2019 (4) KLT 507, learned Magistrate dismissed the aforesaid application.