SHIJU VELAPPAN Vs. EXCISE RANGE INSPECTOR MUVATTUPUZHA

JUDGEMENT

(1.) Petitioner's vehicle bearing Registration No. KL-44-F-7426 was allegedly involved in offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (For short 'the NDPS Act'). The vehicle was seized. Immediately thereafter, petitioner filed an application under Sec. 451 of Cr.P.C. before the Judicial First Class Magistrate's Court I, Muvattupuzha. By the impugned order dtd. 27/10/2023 in C.M.P.No.4539/2023 in Crime No.47/2023 of Excise Range Muvattupuzha, the learned Magistrate dismissed the application, stating that the Court has no jurisdiction since the conveyance was seized under Sec. 52(a)(i) of the NDPS Act, 1985.

(2.) Sri. Joseph Kiran D Thekkekara, the learned counsel for the petitioner relied upon the decision of this Court in Shanil v. State of Kerala (2023) 2 KLT 430 and contended that the jurisdiction of the Court to grant interim custody is not taken away merely because the procedure for disposal of the goods under Sec. 52A of the NDPS Act is initiated.

(3.) I have heard Sri.Ashi M.C., the learned Public Prosecutor as well.