IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 Crl.MC.No. 1967 of 2011() -------------------------------------- (CRIME NO.2/2011 OF EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD THIRUVANANTHAPURAM) ......................... PETITIONER(S): ACCUSED: ----------------------------------------- SHAJAHAN, AGED 55, S/O.SADIK ABUBEKAR, BISMILLA MANZIL, DEVASWOM LANE, KESAVADASAPURAM, THIRUVANANTHAPURAM. BY ADVS. SRI.ZAKEER HUSAIN M.K. SRI.THIRUMALA P.K.MANI. RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. CIRCLE INSPECTOR OF EXCISE ENFORCEMENT ANTI NARCOTC SPECIAL SQUAD, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.1967/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.A: COPY OF THE R.C. BOOK OF THE VEHICLE KL-01/AG 4724. ANNEX.B: COPY OF THE REMAND APPLICATION OF THE ACCUSED. ANNEX.C: COPY OF THE MAHAZAR. ANNEX.D: COPY OF THE OCCURRENCE REPORT OF THE CRIME NO.2/2011. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss 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/-