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
: 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 :