IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 Crl.MC.No. 952 of 2008() ------------------------ CMP.37/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM CRIME NO. 1776/2007 of CENTRAL POLICE STATION, ERNAKULAM .................... PETITIONER/ACCUSED: -------------------------- SALI @ DUPLICATE SALI, AGED 37, S/O. ALI, MANGAPARAMBIL HOUSE, KAPPIRITHURUTHU, FORTH KOCHI. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENT/COMPLAINANT: --------------------------------- STATE OF KERALA (SUB INSPECTOR OF POLICE,CENTRAL POLICE STATION,ERNAKULAM) REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/03/2008, ALONG WITH CRL.M.C.NO. 992/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. Nos. 952 & 992 of 2008 ========================== Dated this the 10th day of March, 2008. O R D E R The petitioners who are brothers are the accused in crime Nos. 1776 and 1785 of 2007 respectively of Central Police Station for an offence punishable under Section 22(a) of the NDPS Act, 1985. They moved the Judicial First Class Magistrate-II, Ernakulam for release of the properties seized from them including motor cycle, watch, mobile phone and currency notes. Since the currency notes were stated to be the sale proceeds realised by the sale of psychotropic substances and were liable for confiscation under the NDPS Act, the learned Magistrate was not inclined to release the currency notes. The other properties were, however, released. The petitioner have approached this Court challenging the refusal on the part of the Magistrate in releasing the currency notes. The petitioners would allege that the petitioner in Crl.M.C No. 952/2008 is a heart patient and he underwent a surgical operation after mobilising a loan of Rs.25,000/- and in order to repay the loan, the amounts seized from the petitioners are necessary. CRL. M.C.Nos. 952 & 992 of 2008 : 2: 2. That is not a ground relevant for ordering release of the currency notes which are liable to be confiscated under the Act for the reason that they constitute the sale proceeds of the psychotropic substances seized from the petitioner. I see no ground to interfere with the discretion exercised by the Magistrate. This Crl.M.Cs are accordingly dismissed. V. RAMKUMAR, JUDGE. rv CRL. M.C.Nos. 952 & 992 of 2008 : 3: