Kerala High Court
Shuhaib vs State Of Kerala on 28 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 8881 OF 2025
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2025:KER:81018
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 28TH DAY OF OCTOBER 2025 / 6TH KARTHIKA, 1947
CRL.MC NO. 8881 OF 2025
CRIME NO.475/2025 OF Ottapalam Police Station, Palakkad
AGAINST THE ORDER/JUDGMENT DATED 15.09.2025 IN CRMP NO.4468
OF 2025 OF DISTRICT COURT & SESSIONS COURT / RENT CONTROL
APPELLATE AUTHORITY , PALAKKAD
PETITIONER/S:
SHUHAIB ,
AGED 33 YEARS
S/O ABDUL JALEEL, THOTTINGAL HOUSE, CHUNANGAD POST,
AMBALAPPARA, OTTAPPALAM, PALAKKAD DISTRICT., PIN -
679511
BY ADVS.
SRI.SALIM V.S.
SRI.SHANAVAS.S
SHRI.K.MUHAMMED THOYYIB
SRI.M.M.ANSAR
SMT.A.M.FOUSI
SHRI.GENTLE C.D.
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM., PIN - 682031
2 STATION HOUSE OFFICER,
OTTAPPALAM POLICE STATION, PALAKKAD DISTRICT., PIN -
682031
CRL.MC NO. 8881 OF 2025
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2025:KER:81018
OTHER PRESENT:
SR PP SMT SEETHA S
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
28.10.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 8881 OF 2025
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2025:KER:81018
C.S.DIAS, J.
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Crl.M.C. No. 8881 OF 2025
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Dated this the 28th day of October, 2025
ORDER
The petitioner is the owner of a vehicle bearing registration No.KL 63B 8333 which has been seized by the Investigating Officer in Crime No.475/2025 of the Ottapalam Police Station, Palakkad for allegedly being involved in an offence punishable under Sections 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act', in short).
2. Claiming interim custody of the vehicle, the petitioner filed Crl.M.P.No.4468/2025. Although the Court of Session, Palakkad allowed the application, the petitioner has been directed to furnish bank guarantee for Rs.5/- lakh. The said condition is onerous and unjustifiable. Hence, the said condition in Annexure 2 order may be set aside.
3. I have heard the learned Counsel for the petitioner and the learned Public Prosecutor.
4. It is an undisputed fact that the petitioner's vehicle CRL.MC NO. 8881 OF 2025 4 2025:KER:81018 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.
5. Interpreting Section 60(3) of the Act, in Thausif Ahammed Bengre v. State of Kerala (2018 (1) KHC 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.
6. 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.
7. In the case at hand, the investigation is in progress. The NDPS Act does not stipulate, unlike the Abkari Act or the CRL.MC NO. 8881 OF 2025 5 2025:KER:81018 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.
8. In the aforesaid circumstances, I am of the definite view that the direction to the petitioner to furnish a bank guarantee for Rs.5/- 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.5/- lakh to the satisfaction of the Trial Court, to ensure the compliance of the other conditions in Annexure-2 order.
Accordingly, I allow the Crl.M.C. by setting aside the condition in Annexure-2 order, ordering the petitioner to furnish bank guarantee for Rs.5/- lakh, and permitting the petitioner to execute a bond with two solvent sureties for Rs.5/- lakh in favour of the jurisdictional court and specifically undertaking that he shall not alienate/ transfer the vehicle and he shall produce the vehicle before the Trial Court as and when directed. This order shall be read in conjunction with Annexure-2 order except for the condition regarding CRL.MC NO. 8881 OF 2025 6 2025:KER:81018 furnishing of bank guarantee. 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 rkc/28.10.25 CRL.MC NO. 8881 OF 2025 7 2025:KER:81018 APPENDIX OF CRL.MC 8881/2025 PETITIONER ANNEXURES Annexure 1 THE TRUE COPY OF THE FIR DATED 22.05.2025 IN CRIME NO. 475/2025 OF OTTAPPALAM POLICE STATION, PALAKKAD DISTRICT Annexure 2 THE TRUE COPY OF THE ORDER DATED 15.09.2025 IN CRL.MC NO 4468/2025 PASSED BY SESSIONS JUDGE PALAKKAD .