LAWS(KER)-2023-5-113

AMEERSHAN Vs. STATE OF KERALA

Decided On May 24, 2023
Ameershan Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioner is the owner of a Toyota Innova car bearing registration No.KL-60-K-4142, seized in connection with Crime No.60 of 2021 registered at the Mananthavady Excise Range against five persons named Shibin, Muhammed Niyas, Ajmal M., Muhammed Ajmal and Nadirsha under Ss. 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act ('the Act' for short).

(2.) The prosecution allegation is that, the above named persons, while travelling in the petitioner's vehicle, were found to be carrying 7 gms of MDMA, concealed in the dashboard of the car. After completion of investigation and filing of final report, the case is now pending on the files of the Special Judge's Court, Wayanad as S.C No.368 of 2021.

(3.) Being the owner of the vehicle and not an accused, the petitioner sought interim custody of his vehicle. The Special Court having rejected that application, this Crl.R.P. is filed.