Kerala High Court
Renuka R vs State Of Kerala on 23 May, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
CRL.MC NO. 3900 OF 2024
CRIME NO.900/2023 OF Palluruthy Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED 01.04.2024 IN SC NO.1959 OF 2023
OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM
PETITIONER/ACCUSED:
RENUKA R,
AGED 62 YEARS
W/O RAJENDRAN, 47C, EB COLONY, PARAMATHI ROAD,
NAMAKKAL, TAMIL NADU, PIN - 637001
BY ADV ANITHA MATHAI MUTHIRENTHY
RESPONDENTS:
1 STATE OF KERALA
, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 THE DISTRICT DRUG DISPOSAL COMMITTEE ( SOUGHT TO BE
IMPLEADED )
REPRESENTED BY ITS CHAIRMAN/ DISTRICT POLICE CHIEF,
ERNAKULAM RURAL, ALUVA, KERALA ( SOUGHT TO BE IMPLEADED
)
OTHER PRESENT:
SREEJA V. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 3900 OF 2024
2
BECHU KURIAN THOMAS, J.
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Crl.M.C.No. 3900 of 2024
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Dated this the 23rd day of May, 2024
ORDER
Petitioner is the accused in S.C.No. 1959/2023 before the Sessions Court, Ernakulam which arises out of Crime No.900/2023 of Palluruthy Police Station. Petitioner is the owner of the vehicle bearing registration No.TN 28 AF 5596.
2. An application was filed seeking interim custody of the aforesaid vehicle, since it was seized on 07-04-2023 alleging commission of offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act'). However, the learned Session's Judge by the impugned order dated 01-04-2024, dismissed the said application after noticing that the vehicle had been used for transporting the contraband.
3. I have heard Sri. Anitha Mathai Muthirenthy, the learned counsel for the petitioner as well as Smt. Sreeja V., the learned Public Prosecutor
4. In the decision in Shanil v. State of Kerala, 2023 (2) KLT 430, and in Pradeep B. v. District Drug Disposal Committee 2024 (2) KHC CRL.MC NO. 3900 OF 2024 3 274, this Court has observed that the Special Court, under the NDPS Act has the power to consider the grant of interim custody of vehicles seized under the Act, under Code of Criminal Procedure, 1973, even when the Drugs Disposal Committee is considering the question of disposal of the vehicle.
5. In view of the above, the conclusion arrived at in Annexure A3 order that the vehicle was used for transporting the contraband by itself cannot be a reason to deny the custody of the vehicle to the petitioner.
6. A perusal of the impugned order reveals that interim custody was denied merely because the vehicle was used as a conveyance. The said reason is insufficient to deny interim custody of the vehicle, even if proceedings under Section 52(A) of the NDPS Act have been initiated.
7. Therefore, Annexure A3 order is set aside. There will be a direction to the Sessions Court, Ernakulam, to consider the application for custody of the vehicle afresh, as expeditiously as possible, after hearing the Drugs Disposal Committee as well.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS JUDGE AJM CRL.MC NO. 3900 OF 2024 4 APPENDIX OF CRL.MC 3900/2024 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE REGISTRATION CERTIFICATE OF LORRY BEARING REG. NO. TN 28 AF 5596 Annexure A2 A TRUE COPY OF THE CRL.M.P.NO. 1368/2024 FILED BY THE PETITIONER BEFORE THE TRIAL COURT Annexure A3 A TRUE COPY OF THE ORDER DATED 1.4.2024 IN CRL.MP NO. 1368/2024 IN SC NO. 1959/2024