SANEESH KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner challenges order dated 25.01.2014 in C.M.P. No. 531 of 2014 of the Judicial First Class Magistrate's Court, Nadapuram in Crime No. 53 of 2014 of Kuttiady Police Station.

(2.) The vehicle bearing registration No. KL - 18 D/6864 belonging to the petitioner has been seized by the police. When the petitioner approached the Magistrate seeking for interim custody of the vehicle the same came to be dismissed on the ground that the Investigating Officer has produced the vehicle before the SDM for confiscation proceedings. Apparently the procedure adopted by the Investigating Officer is contrary to the law laid down by this Court in Sujith v. State of Kerala, 2012 2 KerLT 547. Paragraph 13 of the said judgment is reads as follows: Crl. M.C. No. 2348 of 2014 2

(3.) I have heard the learned Public Prosecutor also.