ABDUL AZEEZ Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the registered owner of a vehicle bearing registration No.KL-13-AA 4809 and he is the accused in Crime No.295/2018 of Areakode Police Station. The case of the prosecution is that the petitioner's car was seized by the police on 24.11.2018 at 22.30 PM on the Othayi-Areakode public road at a place called Mookkanad for transporting 2300 grams of ganja without any authority and thereby the accused has committed an offence punishable under Section 20 (b) (ii) (B) of NDPS Act.

(2.) The petitioner has filed an application under Section 451 of Cr.P.C for getting interim custody of vehicle before the Special Court (NDPS ACT CASES) Vadakara. The 2 nd respondent has kept the vehicle at the premises of police station and the same was being subjected to destruction. Hence, the petitioner seeks an order for interim custody of the vehicle.

(3.) The learned Special Judge has dismissed the petition filed by the petitioner for interim custody of the vehicle stating that there is no scope for releasing the vehicle on interim custody under NDPS Act, and that Sections 451 or 452 Cr.P.C cannot be invoked by this Court for the reason that Section 52 A of NDPS Act provides separate procedure for disposal of properties. It is also observed that as per Section 36 (C) of NDPS Act the provision of Cr.P.C are made applicable to proceed before a Special Court under the Act.