NAVEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) Revision on hand is directed against the order passed by the Court of Sessions, Palakkad (for short 'the court') on 13.02.2019 in Crl.M.C.No.195 of 2019.

(2.) Revision Petitioner is the owner of motorcycle bearing Registration No.KL-07-CP-5249 which has been seized by the Excise Inspector, Excise Range Office, Alathur in Crime No.12 of 2018 registered for the offences punishable under Sections 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act '). An application moved by the revision petitioner under Section 451 Cr.P.C seeking release of the motorcycle in interim custody was dismissed by the court for the reason that the investigation is at its preliminary stage and therefore, the release of the vehicle would hamper the rest of the investigation.

(3.) Smt.C.P.Jyothy, the learned counsel for the revision petitioner contended that the revision petitioner was employed at Saudi Arabia for 2 1/2 years and returned to Kerala only on 23.11.2018. According to her, he has no involvement in the act alleged based on which the crime was registered. According to her, the factum could well be established from the flight tickets marked alongwith the revision on hand as Annexures A2 and A2a. The learned counsel has also urged that the vehicle was missing from the courtyard of his friend's house on 20.12.2018 and he came to know on 21.12.2018 that it was stolen therefrom. He complained before the police and that is evidenced from the copy of the complaint and receipt obtained from the police station marked in evidence as Annexure A5 and Annexure A6. According to the learned counsel the application seeking release of the vehicle was filed at the concluding stage of investigation and the observation of the court that it was filed at the initial stage of investigation is totally devoid of basis. The learned counsel pleaded for interference with the order under challenge for the reasons stated above.