Kerala High Court
Karthik vs State Of Kerala on 12 March, 2026
Author: C.S.Dias
Bench: C.S.Dias
2026:KER:22175
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 12TH DAY OF MARCH 2026 / 21ST PHALGUNA, 1947
CRL.MC NO. 2234 OF 2026
CRIME NO.639/2025 OF Nenmara Police Station, Palakkad
AGAINST THE ORDER/JUDGMENT DATED 26.11.2025 IN CMP
NO.3440 OF 2025 OF JUDICIAL MAGISTRATE OF FIRST
CLASS ,ALATHUR
PETITIONER/PETITIONER:
KARTHIK
AGED 25 YEARS
S/O KRISHNAKUMARI PUTHANTHOTTAM HOUSE,
PUTHANTHOTTAM,CHATHANMANGALAM PALAKKAD, PIN -
678508
BY ADV SMT.ANAMIKA P.S.
RESPONDENTS/STATE AND COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, H
IGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 THE SUB- INSPECTOR OF POLICE
NENMARA POLICE STATION
PALAKKAD DISTRICT, PIN - 678508
OTHER PRESENT:
SR PP SMT SEETHA S
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 12.03.2026, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO.2234 of 2026 2
2026:KER:22175
Dated this the 12th day of March, 2026
ORDER
The accused is the registered owner of a motorcycle bearing registration No. KL-09-AT-7912, which was seized by the Investigating Officer in Crime No. 639/2025 of the Nenmara Police Station, Palakkad, alleging that the vehicle was used by the accused for committing an offence punishable under Section 20(b)(ii) A of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('Act', for brevity).
2. Claiming interim custody of the vehicle, the petitioner had filed an application before the Court of the Judicial First Class Magistrate-I, Alathur ('Jurisdictional Court', for short). By Annexure A2 order, the Jurisdictional Court has allowed the application subject to conditions. As per condition No.(1) in the said order, the petitioner has been directed to deposit an amount of Rs. 56,000/- as cash security towards the value of the CRL.MC NO.2234 of 2026 3 2026:KER:22175 vehicle. The said condition is onerous and unjustifiable. The petitioner's vehicle is lying exposed to the vagaries of nature. It is likely to get ruined and rusted. Hence, the Crl.M.C. may be allowed.
3. I have heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.
4. The petitioner's vehicle was seized by the Detecting Officer for allegedly being involved in the above crime.
5. 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 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 CRL.MC NO.2234 of 2026 4 2026:KER:22175 substance, that too with 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 Bishwajit Dey v. State of Assam (2025 (3) SCC 241), the Honourable Supreme Court, while dealing with the grant interim custody of the vehicle involved for committing the offences under the Act, has held as follows:
"33. Though seizure of drugs / substances from conveyances can take place in a number of situations, yet broadly speaking there are four scenarios in which the drug or substance is seized from a conveyance. Firstly, where the owner of the vehicle is the person from whom the possession of contraband drugs / substance is recovered. Secondly, where the contraband is recovered from the possession of the agent of the owner i.e. like driver or cleaner hired by the owner. Thirdly, where the vehicle has been stolen by the accused and contraband is recovered from such stolen vehicle. Fourthly, where the contraband is seized / recovered from a third - party occupant (with or without consideration) of the vehicle without any allegation by the police that the contraband was stored and transported in the vehicle with the owner's knowledge CRL.MC NO.2234 of 2026 5 2026:KER:22175 and connivance. In the first two scenarios, the owner of the vehicle and / or his agent would necessarily be arrayed as an accused. In the third and fourth scenario, the owner of the vehicle and / or his agent would not be arrayed as an accused.
34. This Court is of the view that criminal law has not to be applied in a vacuum but to the facts of each case. Consequently, it is only in the first two scenarios that the vehicle may not be released on superdari till reverse burden of proof is discharged by the accused - owner. However, in the third and fourth scenarios, where no allegation has been made in the charge - sheet against the owner and / or his agent, the vehicle should normally be released in the interim on superdari subject to the owner furnishing a bond that he would produce the vehicle as and when directed by the Court and / or he would pay the value of the vehicle as determined by the Court on the date of the release, if the Court is finally of the opinion that the vehicle needs to be confiscated."
9. Taking into consideration the fact that only 13 grams of ganja was seized from the conscious possession of body of the accused person, and the petitioner's contention that he was totally unaware that the accused had used the vehicle, I am of the view that condition No. (1) in Annexure A2 order is unjustifiable and is liable to be set aside.
In the aforesaid circumstances, I allow the Crl.M.C, by setting aside condition (1) in Annexure A2 order. Nonetheless, the petitioner is directed to execute CRL.MC NO.2234 of 2026 6 2026:KER:22175 a bond for Rs. 56,000/- with one solvent surety for the like sum to the satisfaction of the Jurisdictional Court and comply with conditions Nos. (2) to (5) in Annexure A2 order.
Sd/-
C.S.DIAS, JUDGE
mtk
CRL.MC NO.2234 of 2026 7
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APPENDIX OF CRL.MC NO. 2234 OF 2026
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF FIR IN CRIME NO.
639/2025 OF THE NENMARA POLICE STATION Annexure A2 THE TRUE COPY OF ORDER IN CRLMP 3440/2025 BY HON'BLE JFCM COURT ALATHUR DT 26/11/2025 Annexure A3 THE TRUE COPY OF ORDER IN CRL MP 4530/2025 BY THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, ALATHUR DT 07/01/2026 Annexure A4 THE TRUE COPY OF THE STATEMENT OF ACCOUNT FOR THE SAID VEHICLE IS ATTACHED