IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 Crl.MC.No. 1058 of 2010() ------------------------- CRMP.171/2010 of SPL.COURT (NDPS ACT CASES), VADAKARA .................... PETITIONER(S): ----------------------- SRI.VIJU THOMAS, S/O.THOMAS , AGED 40 YEARS, THAZHATHUKANDATHIL HOUSE,UZHAVOOR VILLAGE, KOTTAYAM DISTRICT. BY ADV. MR.JAI GEORGE RESPONDENT(S): ------------------------ STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR MR.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No. 1058 of 2010 -------------------------------------- Dated this the 21st day of May , 2010 ORDER Petitioner, who is the sole accused in Crime No.651 of 2009 of Nadakkavu Police Station, Kozhikkode, for offences punishable under section 20(b) (ii) (B) of the N.D.P.S Act 1985, challenges Annexure A1 order dated 15.3.2010 passed by the Special Court (N.D.P.S Cases), Vadakara, refusing interim custody of one gold bangle weighing 16 grams and two gold rings weighing 2 grams and 4 grams each, which were seized from the accused along with 6 Kgs of Ganga on 30.11.2009. The reason given by the Special Judge for refusing interim custody of the gold ornaments was that, it was necessary for the proper identification of the accused. 2. Apart from the fact that, the aforesaid gold ornaments are not the subject matter of theft requiring to be preserved for the trial of the case, even assuming that Crl.M.C. No. 1058/2010 : 2 : they are required for the proper identification of the accused, appropriate conditions could have been imposed. In the light of the decision in Sunderbhai Ambalal Desai v. State of Gujarath (2002 (10) SCC 282), I am inclined to allow this petition subject to the following conditions: The gold bangle and the two gold ornaments shall be given to the petitioner on interim custody, after getting a bond executed by him undertaking not to change the weight or identity of the same and undertaking to produce the same during the trial as and when required. This Criminal M.C is allowed as above. V.RAMKUMAR, JUDGE dmb Crl.M.C. No. 1058/2010 : 3 : Crl.M.C. No. 1058/2010 : 4 :