IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 Crl.Rev.Pet.No. 413 of 2008() ----------------------------- CMP.428/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM CRIME NO. 12/2008 of SAKTHIKULANGARA POLICE STATION .................... REVN. PETITIONER: PETITIONER/ACCUSED ------------------------------------ SHEIKH FAYAZ, S/O.M.S.REHUMATHULLA, MARIYAM BAGH, D.NO.125, NEAR B.H.SCHOOL, MASTHIKATTE ULLAL, MANGALORE REPRESENTED BY HIS POWER OF ATTORNEY SHEIK PERVEZ OF DO. DO. BY ADV. SRI.K.SUBASH CHANDRA BOSE RESPONDENTS: COUNTER PETITIONER ------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 413 of 2008 ========================== Dated this the 22nd day of February, 2008. ORDER The petitioner who claims to be the registered owner of a fishing boat allegedly involved in Crime No. 12 of 2008 of Sakthikulangara Police Station for an offence punishable under Section 20(b)(1) of the N.D.P.S Act r/w Section 41(1)(a) Cr.P.C, moved the Judicial First Class Magistrate-II, Kollam for interim custody of the boat under Section 451 Cr.P.C. It was dismissed as per the impugned order dated 25.01.2008 on the ground that the suspected involvement of the boat affects the internal security of the country. The investigation of the case is still at the preliminary stage. If what is suspected is true then it is not a minor offence. Accordingly, without prejudice to the right of the petitioner to move the Magistrate again for interim custody after the investigation has made some headway, this petition is dismissed. V. RAMKUMAR, JUDGE. rv