Shajahan vs Circle Inspector Of Excise Enforcement on 30 June, 2011

[Cites 3, Cited by 34]

Kerala High Court

Shajahan vs Circle Inspector Of Excise Enforcement on 30 June, 2011

Bench: Thomas P.Joseph

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1967 of 2011()


1. SHAJAHAN, AGED 55, S/O.SADIK ABUBEKAR
                      ...  Petitioner

                        Vs



1. CIRCLE INSPECTOR OF EXCISE ENFORCEMENT
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.ZAKEER HUSAIN M.K.

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :30/06/2011

 O R D E R
                   THOMAS P JOSEPH, J.

                  ----------------------------------------

                    Crl.M.C.No.1967 of 2011

                  ---------------------------------------

                Dated this 30th day of June, 2011

                                ORDER

The vehicle allegedly belonging to the petitioner was seized by the Excise Enforcement and Anti Narcotic Special Squad for alleged transportation of Ganja. Petitioner in this proceeding seeks interim custody of the vehicle. According to the petitioner, Sec.451 of the Code of Criminal Procedure (for short, "the Code") has no application so far as the request for interim custody of the vehicle is concerned. I have heard learned counsel for petitioner and the learned Public Prosecutor.

2. Learned counsel has invited my attention to Secs.60 and 63 of the Narcotic Drugs Psychotropic Substance Act, 1985 (for short, "the Act") to contend that criminal Court has no power to give interim custody of the vehicle involved, in exercise of the power under Sec.451 of the Code. But, these provisions in my view do not take away the power of Magistrate to grant interim custody though, while considering the request, considerations may differ having regard to the serious nature of the offence and the provisions of the Act referred above. There is no reason why this Court should entertain the request for interim custody. Crl.M.C.No.1967 of 2011 -: 2 :-

Resultantly this criminal miscellaneous case is dismissed without prejudice to the right of petitioner to move appropriate application before learned Judicial First Class Magistrate-II, Thiruvananthapuram and if any such application is preferred learned Magistrate shall dispose of the application as provided under law.

(THOMAS P JOSEPH, JUDGE) Sbna/-

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