Kerala High Court
Chandhan C.S vs State Of Kerala on 10 November, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:85255
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 10TH DAY OF NOVEMBER 2025 / 19TH KARTHIKA, 1947
CRL.MC NO. 6384 OF 2025
CRIME NO.493/2025 OF Sakthikulangara Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED 02.07.2025 IN CRMP NO.1004
OF 2025 OF DISTRICT COURT & SESSIONS COURT / RENT CONTROL
APPELLATE AUTHORITY, KOLLAM
PETITIONER/PETITIONER:
CHANDHAN C.S,
AGED 36 YEARS
33/4 S1 2ND FLOOR, GEETHA RESIDENCY,
NEW BEL ROAD CHIKKAMARANHALLI,NR STATE BANK OF
INDIA,BANGALURU URBAN, KARNADAKA, BANGALURU, PIN -
560054
BY ADVS.
SHRI.FRANCIS ASSISI
SHRI.AJEESH S.BRITE
SMT.AMRUTHA P S
SMT.MANJU LUCKOSE
RESPONDENT/COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
OTHER PRESENT:
SENIOR PUBLIC PROSECUTOR SMT.SEETHA S
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.11.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Dated this the 10th day of November, 2025
ORDER
The petitioner is an owner of a vehicle bearing registration No. KA-01-MU-3066, which has been seized by Investigating Office in Crime No. 493/2025 of the Sakthikulamgara Police Station, Kollam, for allegedly committing the offences under Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('Act', for short).
2. Claiming the interim custody of the vehicle, the petitioner had filed Crl.M.P. No. 1004/2025 before the Court of Sessions, Kollam. By the impugned Annexure V order, the learned Sessions Judge allowed the application but subject to the condition that the petitioner furnishes a bank guarantee/cash security for Rs. 6,00,000/- to release the vehicle and execute a bond undertaking to produce the vehicle in the same condition as and when directed. The said condition is onerous and Crl. M.C. No. 6384 of 2025 -:3:- 2025:KER:85255 unjustifiable. Hence, the Crl.M.C.
3. I have heard the learned Counsel appearing for the petitioner and the learned Public Prosecutor.
4.When the Crl.M.C. came up for consideration on 21.10.2025, this Court directed the jurisdictional AMVI to assess the value of the vehicle and file a report. Consequently, the AMVI has filed a report dated 01.11.2025 stating that the vehicle has the estimated value of Rs. 3,90,000/-.
5. It is an undisputed fact that the petitioner's vehicle was seized by the Investigating Officer for allegedly being involved in the above crime, which is registered under the NDPS Act. Under Section 60(3) of the NDPS Act, any conveyance that has been used for carrying any narcotic drug, psychotropic substance or controlled substance is liable for confiscation.
6. Interpreting Section 60(3) of the Act, in Thausif Ahammed Bengre v. State of Kerala (2018 (1) KHC Crl. M.C. No. 6384 of 2025 -:4:- 2025:KER:85255
598), this Court has succinctly held that a vehicle can be confiscated only if it is established by the prosecution that the vehicle was used for carrying the narcotic drug, psychotropic substance or controlled substance, that too without the knowledge or connivance of the owner himself or his agent.
7. Recently, in Denash v. The State of Tamil Nadu (2025 INSC 1258), the Honourable Supreme Court has held that there is no prohibition to release a conveyance to its owner, on interim custody, if the owner has no culpability in the crime.
8. In the case at hand, the investigation is in progress. The NDPS Act does not stipulate, unlike the Abkari Act or the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, wherein cash security/bank guarantee is insisted for releasing of interim custody of the vehicles.
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9. In the aforesaid circumstances, I am of the definite view that the direction to the petitioner to furnish a bank guarantee/cash security for Rs.6/- lakh is onerous and unjustifiable and is liable to be interfered by this Court in exercise of its inherent powers under Section 528 of the BNSS. However, the petitioner and two solvent sureties shall execute a bond for Rs.3,90,000/- to the satisfaction of the Trial Court, to ensure the compliance of the other conditions in Annexure V order.
Accordingly, I allow the Crl.M.C. by setting aside the condition in Annexure V order, ordering the petitioner to furnish a bank guarantee/cash security for Rs.6/- lakh. Instead, I order the vehicle to be released to the petitioner on interim custody, subject to the condition that he executes a bond with two solvent sureties for Rs.3,90,000/- to the satisfaction of the jurisdictional court and specifically undertaking to comply with the Crl. M.C. No. 6384 of 2025 -:6:- 2025:KER:85255 order conditions in Annexure V order. This order shall be read in conjunction with Annexure V order. It is also clarified that this order shall not preclude the competent authority from proceeding with the confiscation proceedings in accordance with law.
Sd/-
C.S.DIAS,JUDGE mtk/10.11.25 Crl. M.C. No. 6384 of 2025 -:7:- 2025:KER:85255 APPENDIX OF CRL.MC 6384/2025 PETITIONER ANNEXURES Annexure-I A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE CAR BEARING REGISTRATION NO. KA-01-MU-3066 Annexure-II A TRUE COPY OF INSURANCE POLICY OF THE VEHICLE Annexure-III . A TRUE COPY OF THE FIR IN CRIME.NO.
493/2025 OF SAKTHIKULANGARA POLICE STATION Annexure-IV TRUE COPY OF THE LEASE AGREEMENT DATED 20/03/2025 Annexure-V A TRUE COPY OF ORDER IN CRL M P NO.
1004/2025 OF HON'BLE PRINCIPAL DISTRICT AND SESSIONS COURT, KOLLAM DATED 02.07.2025