ABDUL RAHIMAN THAVALAPPARA Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision on hand is filed against the order directing confiscation of vehicle bearing Registration No. KL-50/F-2542, allegedly involved in transportation of 9.800 Kilograms of ganja from Kodungalloor to Ernakulam. According to the prosecution, the vehicle was seized by the Sub Inspector of Police during the course of transportation of ganja in it from Kodungalloor to Ernakulam. The vehicle and ganja were seized by Inspector of Police of North Paravur Police Station and produced before the Court of Sessions, Ernakulam.

(2.) The registered owner of the vehicle has filed an application before the Court seeking for its interim custody under S. 451 Cr.P.C. The court ordered for its interim release by Annexure-A order subject to execution of a bond for Rs. 3,00,000/- (Rupees Three Lakh only) with two solvent sureties each for the like sum to its satisfaction. In Annexure-A order, the court has also incorporated terms directing the petitioner to produce the vehicle before the court during the course of enquiry, trial or confiscation proceedings as and when required by it, not to sell or otherwise transfer the vehicle in favour of the third party without the permission of the court, not to cause any change so as to make the vehicle unidentifiable and not to use the vehicle in any similar offence. The photograph of the vehicle was also ordered to be taken before releasing the same to the petitioner, in interim custody.

(3.) The sole accused involved in the case registered on the files of Additional District and Sessions Judge, North Paravur as S.C. No. 1104/2018 was tried for the offence punishable under S. 20(b)(ii)B of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the N.D.P.S Act). The court has directed by order dated 13.05.2019 for production of the vehicle before it prior to commencement of trial. Accordingly, on 14.05.2019, the vehicle was produced by the petitioner as directed by the court and it was given in safe custody of the Station House Officer, North Paravur.