IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 Crl.MC.No. 286 of 2008() ------------------------ PETITIONER: ------------- BINCY SABU, AGED 30 YEARS, W/O.K.P.SABU, PATHIKKAL HOUSE, ALATTUCHIRA KARA, KODANAD P.O. ERNAKULAM DISTRICT, REP. BY HER HUSBAND SRI.K.P.SABU, S/O.KURIAKOSE, PATHIKKAL HOUSE, ALATTUCHIRA KARA, KODANAD P.O., ERNAKULAM DISTRICT. BY ADV. SRI.K.V.SABU RESPONDENT: --------------- CIRCLE INSPECTOR OF POLICE, HILL PALACE POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.SIVAKUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Crl.M.C. No. 286 OF 2008 ----------------------------------- Dated this the 6th day of February, 2008 O R D E R Petitioner, Bincy Babu who claims to be the registered owner of a Mahindra Jeep bearing registration No.Kl.7. AB.4452, challenges Annexure A3 order dt.05.12.07 passed by the Additional Chief Judicial Magistrate, Ernakulam dismissing her application for interim custody of the vehicle. 2. The learned Public Prosecutor submitted that the petitioner who claims to be the registered owner of the vehicle had sold the vehicle to one Sri.Shijimon as per agreement dt.12.12.06 and the said Shijimon in turn had sold the vehicle to the 1st accused Sri.Onasis on 08.03.07 and the vehicle was used by accused Nos.1 and 2 for illicit transporting of 1.25 Kg. of Ganja. Since the vehicle is liable to be confiscated under the provisions of NDPS Act, the court below was not inclined to grant interim custody of the vehicle. I see no grounds to interfere with the said order. The Crl.MC is accordingly dismissed. V. RAMKUMAR, JUDGE btt WPC No. 2 WPC No. 3