IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 7TH FEBRUARY 2011 / 18TH MAGHA 1932 Crl.MC.No. 4729 of 2010() ------------------------- AGAINST THE ORDER DATED 22/03/2010 IN CRL.MP 170/2010 IN SC.29/2008 of SPECIAL COURT (NDPS ACT CASES), VADAKARA .................... PETITIONER(S): IST ACCUSED -------------------------- HABEEB RAHMAN.K.V,KOLATHIKKAL HOUSE, VETTUPARA,CHERUVAYOOR VIA,CHEECKODE(PO), MALAPPURAM. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN SMT.LAKSHMI.N.KAIMAL RESPONDENT(S): COMPLAINANT -------------------------- THE SENIOR INTELLIGENCE OFFICER, DIRECTORATE OF REVENUE INTELLIGENCE, CALICUT. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA FOR R SRI.C.P.UDAYABHANU FOR R THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.4729 of 2010 -------------------------------------- Dated this the 7th day of February, 2011. ORDER This petition is in challenge of Annexure-3, final order passed by the learned Special Judge (NDPS Act Cases), Vadakara confiscating the vehicle allegedly used for commission of offence under Sections 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “the NDPS Act”). Grievance of the petitioner is that without hearing him and merely based on the judgment learned Special Judge has directed confiscation of the vehicle. 2. The impugned order is in the nature of a final order. The vehicle is confiscated invoking power under Sections 60 and 63 of the NDPS Act. If that order is not appealable, certainly it is amenable to a revision under Section 401 of the Code of Criminal Procedure. In such circumstance this petition under Section 482 of the Code is not entertainable. Resultantly this petition is closed without prejudice to the right of petitioner to challenge the impugned order by way of revision. Registry shall return the documents produced by petitioner on request. THOMAS P.JOSEPH, Judge. cks