High Court Kerala High Court

Sri.Viju Thomas vs State Of Kerala Represented By … on 21 May, 2010

Kerala High Court
Sri.Viju Thomas vs State Of Kerala Represented By … on 21 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1058 of 2010()


1. SRI.VIJU THOMAS,S/O.THOMAS , AGED 40
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY PUBLIC
                       ...       Respondent

                For Petitioner  :SRI.JAI GEORGE

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :21/05/2010

 O R D E R
                    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
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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

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