IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
WP(CRL.) NO. 412 OF 2022
PETITIONER :-
SMT.LALA
W/O BINU.K.K AGED 48 YEARS,
KOONIPARAMBIL HOUSE, ARIPALAM.P.O, NEAR PANCHAYAT
OFFICE, EDAKULAM, THRISSUR DISTRICT, PIN - 680688
BY ADVS.
S.ABHILASH
K.SIJU
ANJANA KANNATH
D.RANI MOL
FATHIMA MOHAN
RENUKA VENU
RESPONDENTS :-
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KEERALA, ERNAKULAM, PIN - 682031
2 INSPECTOR OF POLICE,
ANGAMALY POLICE STATION, ERNAKULAM RURAL DISTRICT,
UNDER THE HOME DEPARTMENT, GOVERNMENT OF KERALA,
PIN-683 572
3 COMPETENT AUTHORITY SAFEM (POP) AND NDPS ACT,
UTSAV BUILDING 64/01G.N.CHETTY ROAD,
T.NAGAR, CHENNAI, -600617
4 JOINT RTO,
SUB REGIONAL TRANSPORT OFFICE,
IRINJALAKUDA, THRISSUR, PIN-680 121
BY ADV MANU S., ASG OF INDIA
SRI RENJITH GEORGE, SR.PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(CRL.) NO. 412 OF 2022
2
JUDGMENT
This writ petition is filed against the proceedings passed by the Inspector of Police, Angamaly Police Station, Ernakulam Rural District under the Home Department, Government of Kerala whereby a freezing order of vehicle bearing No.KL-45-Q-0567 (Hyundai i20 Car) was passed. The prayer in the writ petition is to quash the order above.
2. The learned Pubic Prosecutor on instructions submitted that the order has been confirmed by the higher authority and the remedy available to the petitioner is to approach the appellate authority as contemplated under Section 68-O of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') before the Appellate Tribunal referred to under Section 68 N of the NDPS Act. In the above circumstances, this writ petition has become infructuous.
In the result, this W.P.(Crl.) is dismissed as infructuous.
Sd/-
MARY JOSEPH JUDGE SMA WP(CRL.) NO. 412 OF 2022 3 APPENDIX OF WP(CRL.) 412/2022 PETITIONER EXHIBITS :-
Exhibit P1 A TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING REG.NO.KL-45-Q-567 HYUNDAI I-20 CAR. Exhibit P2 A TRUE COPY OF THE NOTICE U/S .67 OF THE NDPS ACT ISSUED TO THE PETITIONER DATED NIL BY THE 2ND RESPONDENT.
Exhibit P3 A DOWNLOADED COPY OF THE FIR IN CRIME NO. 248/2022 OF ANGAMALY POLICE STATION DATED 6.3.2022 Exhibit P4 A TRUE COPY OF THE FREEZING ORDER IN CRIME NO. 248/2022 OF ANGAMALYNPOLICE STATION ISSUED U/S 68F(1) OF NDPS ACT DATED 19.4.2022 Exhibit P5 A TRUE COPY OF THE STATEMENT OF ACCOUNTS SHOWING THE TRANSFER OF RS. 2,65,000/- TO THE ACOOUNT OF THE HUSBAND OFTHE PETITIONER.