HASSAINAR AZEEZ Vs. STATE OF KERALA

JUDGEMENT

(1.) The 2nd accused in crime No. 513/2016 of Kasargod police station registered under Sec. 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act (for short, 'the NDPS Act'), filed application before the court below under Sec. 451 of the Code Criminal Procedure (for short 'the Code') seeking for the release of the vehicle involved in that case. The court below dismissed the said application, against which Crl.M.C.2138/2017 has been filed by the accused. The registered owner of the vehicle involved in Crime No.517/2016 of Kasaragod Police Station registered under Sec. 20(b)(ii)(B) of the NDPS Act, filed application under Sec. 451 of the Code before the court below seeking for the release of the vehicle involved in that case. He is not an accused in the crime. The court concerned dismissed the said application. The registered owner challenges the said order in Crl.M.C.2142/2017. Since the challenge in both these cases is the orders passed by the court below, dismissing the applications filed by the petitioners seeking for the release of the vehicles involved in the offence under the NDPS Act, these two Cr.M.C.s are disposed of by this common order.

(2.) Heard both sides.

(3.) In Crl.M.C. No.2138/2017, the prosecution allegation is that on 25.07.2016 at 6.45 p.m., the petitioner and the accused were found in possession of 430 kg of ganja in vehicle bearing registration No.KL-60-D-575, belonging to the petitioner, in contravention of the provisions of the NDPS Act. The vehicle was also seized along with the contraband on 25.07.2016.