SAIFUDHEEN Vs. CIRCLE INSPECTOR OF POLICE

JUDGEMENT

(1.) This is a petition filed by the petitioner in Crl.M.P.No.1734/2014 of Sessions Court, Thrissur in Crime No.2518/2012 of Kunnamkulam police station challenging the order in Crl.M.P.No.17342014 of that court under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code').

(2.) It is alleged in the petition that the petitioner is the first accused in Crime No.2518/2012 of Kunnamkulam police station for the alleged commission of the offences under Sections 468, 471 and 419 of the Indian Penal Code and Section 12(1)(b) of the Passport Act, 1967 and Sections 27 A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act).

(3.) On 19.12.2012, while the Sub Inspector of Police, Kunnamkulam police station along with the police constables were conducting patrol duty, he got reliable information that unaccounted money and costly articles were kept in the house of the petitioner. Thereafter, he went to the police station and after complying with the formalities, along with the first respondent and the police party, came to the house of the petitioner bearing No. XIII/436 of Choondal Grama Panchayat and searched the house and seized a sum of Rs.53,80,900/-, two passports and gold ornaments and seized the same as per a mahazer. They questioned the petitioner and at that time he told that the amount was entrusted by his friend in Gulf country for the purpose of real estate business. But it was alleged by the prosecution that the petitioner had given a statement that the amount was acquired by illicit trade of narcotic drugs and his passport was seized as the address mentioned in the petition was different. Thereafter they took the articles and the petitioner and went to the police station and the Sub Inspector of Police, Kunnamkulam registered Crime No.2518/2012 under Sections 468, 471 and 419 of the Indian Penal Code and Section 12(1)(b) of the Passport Act, 1967 and Sections 27 A and 29 of the NDPS Act. The entire action of registering the case against the petitioner under Sections 27 A and 29 of the NDPS Act is highly misconceived. The petitioner filed Crl.M.P.No.1734/2014 before the Sessions Court, Thrissur and the learned Sessions Judge dismissed the application for interim custody of the amount of Rs.53,80,900/-, 2 gold bars each weighing 10 grams each and one gold necklace as per order dated 11.6.2014. Aggrieved by the same, the present petition has been filed challenging that order.