AI Structured Summary
Not yet generated for this judgment
Judgment
Gopinath P, J
This Criminal Revision Petition has been filed challenging the order dated 15.01.2021 in C.M.P.No.83/2021 of Kalpakanchery Police Station of Malappuram District. By that order, an application filed by the petitioner under Section 451 of the Cr.P.C. for interim custody of a vehicle seized in Crime No.536/202 of Kalpakanchery Police Station registered under the provisions of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as the NDPS Act) was rejected finding that an application under Section 451 Cr.P.C. was not maintainable in the light of the provisions contained in the NDPS Act.
It is clear from the judgment of a Division Bench of this Court in Shajahan v. Inspector of Excise and Others; 2019(5)KHC 401(DB)that even a conveyance seized under the NDPS Act has to be disposed of in terms of the provisions contained in Section 52A of the NDPS Act. Therefore, the order passed by the Magistrate on C.M.P.No.83/2021 is perfectly justified. It is for the revision petitioner to approach the Drug Disposal Committee constituted for exercising functions under Section 52A of the NDPS Act. If such an application is filed by the revision petitioner before the competent Drug Disposal Committee, the same shall be considered as expeditiously as possible.
The Criminal Revision Petition is dismissed with the above observations.