PIN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
WP(CRL.) NO. 265 OF 2022
PETITIONER :-
NAZEERA ABOOBACKER,
AGED 37 YEARS
W/O.ABOOBACKER, 798, KOOLIYADAN HOUSE,
PONJASSERY P.O., VENGOLA, PERUMBAVOOR,
ERNAKULAM DISTRICT, PIN-683 547.
BY ADVS.
C.D.JOHNY
BIJI MATHEW
SARUN RAJAN
C.C.ANOOP
R.ANAS MUHAMMED SHAMNAD
RESPONDENTS :-
1 THE STATION HOUSE OFFICER,
AMBALAMEDU POLICE STATION, ERNAKULAM CITY,
ERNAKULAM DISTRICT-682 303.
2 THE CHAIRMAN,
DISTRICT DRUGS DISPOSAL COMMITTEE,
OFFICE OF THE ASSISTANT COMMISSIONER,
NARCOTIC CELL, KOCHI CITY-682 018, KOCHI CITY.
3 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HOME DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
BY SRI.V.S.SREEJITH, PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(CRL.) NO. 265 OF 2022
2
JUDGMENT
This petition is filed under Article 226 of the Constitution of India seeking for the following reliefs :-
"i) To issue a writ of certiorari or any other appropriate writ order or direction quashing Exhibit P5.
ii) To issue a writ of mandamus or any other appropriate writ order or direction to the 2nd respondent to finally dispose of the vehicle Hundai New i20 Magna Car bearing registration No.KL-40/L-2999 by releasing the same to the petitioner".
2. Ext.P5 is nothing but a letter issued by the Assistant Commissioner of Police, Narcotic Cell, Kochi City (Member District Drugs Disposal Committee) informing the petitioner that proceedings have already been commenced for disposal of the vehicle. The petitioner seeks to quash Ext.P5. Ext.P5 was issued by the 2 nd respondent appointed under Section 52A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') and his authority is only to dispose of the vehicle which has been seized in a crime registered for commission of an offence under the NDPS Act. The Drug Disposal Committee has informed the petitioner correctly vide Ext.P5. That is not empowered to grant interim custody of a vehicle involved in an offence under the NDPS Act. In the WP(CRL.) NO. 265 OF 2022 3 above circumstances, this court is declined to allow the application and to set aside Ext.P5.
Writ Petition (Crl.) fails and is dismissed.
Sd/-
MARY JOSEPH JUDGE SMA WP(CRL.) NO. 265 OF 2022 4 APPENDIX OF WP(CRL.) 265/2022 PETITIONER EXHIBITS :-
Exhibit P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF HUNDAI NEW I 20 MAGNA CAR BEARING REGISTRATION NO.KL-40/L- 2999.
Exhibit P2 TRUE COPY OF THE POLICE CERTIFICATE DATED 21.04.2021.
Exhibit P3 TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO.79/2022 OF
AMBALAMEDU POLICE STATION, ERNAKULAM CITY.
Exhibit P4 TRUE COPY OF THE SEIZURE MAHAZAR IN CRIME NO.79/2022 OF AMBALAMEDU POLICE STATION, ERNAKULAM CITY.
Exhibit P5 TRUE COPY OF THE ORDER DATED 25.02.2022 ISSUED FROM THE OFFICE OF THE ASSISTANT COMMISSIONER OF POLICE, NARCOTIC CELL, KOCHI CITY.