SHILPA I. G , Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl.M.C is filed challenging an order passed by Judicial First Class Magistrate Court, Kuthuparamba ( for short, 'the court below') in C.M.P No.5398/2018 in C.C No.841/2018. By the order, the court below has dismissed the application filed by the petitioner under Section 452 Cr.P.C for getting the custody of the vehicle released in her favour.

(2.) The averments of the petitioner in C.M.P No.5398/2018 filed for the purpose were that she was the owner of the vehicle bearing Registration No. KL-13-AJ-3354, which was allegedly involved in an offence punishable under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act), that she has no involvement in the offence with reference to which the vehicle was seized, that the accused in the case has pleaded guilty and that he was convicted and sentenced for the offence on 31.08.2018. It is averred by the petitioner that a notice under Sub section (3) of Section 60 of the NDPS Act had been given to her as a pre-step for disposal of the property in C.C No.841/2018. Responding to the notice, she has filed an affidavit stating that the vehicle was not used by her for transportation of Ganja but was given to the accused, a friend of her husband only for his personal use. The court after verification of the case records found that 48 grams of Ganja was seized from the possession of the accused while he was traveling in the aforesaid motorcycle. In the FI Statement lodged, it was alleged that the accused was sitting on the motorcycle and on noticing the approach of the Police to him, he had attempted to escape by starting the motorcycle. In the search held in his body, six packets of Ganja were recovered. The vehicle was also examined and, one packet containing Ganja kept concealed in its battery was also seized. Thus altogether 48 grams of Ganja was seized from the possession of the accused. Therefore, alleging that the vehicle was used for transportation of Ganja, a crime was registered against him and after holding investigation, he was chargesheeted for illegal possession of Ganja.

(3.) On entering appearance itself the accused pleaded guilty and was convicted and sentenced. In that context, the owner of the vehicle has approached this Court by filing C.M.P No.5398/2018 under Section 452 Cr.P.C for getting the vehicle released to him.