IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
WP(CRL.) NO. 429 OF 2022
PETITIONER:
ANCY BENEDICT, D/O.LURDE BENEDICT, AGED 27 YEARS,
ALAN NIVAS, NEDUMAKALAYIL COLONY, KUREEPUZHA P.O,
THRIKKADAVOOR, KOLLAM.
BY ADVS. SRI.B.MOHANLAL
SMT.P.S.PREETHA
SRI.ASWIN V. NAIR
SRI.KARTHIK J SEKHAR
SRI.ABIJITH M.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
TAXES DEPARTMENT (EXCISE), SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE COMMISSIONER OF EXCISE,
GOVERNMENT OF KERALA, EXCISE COMPLEX, NANDAVANAM,
VIKAS BHAVAN P.O, THIRUVANANTHAPURAM - 695 033.
3 THE DRUGS DISPOSAL COMMITTEE,
EXCISE KOLLAM, REPRESENTED BY DEPUTY COMMISSIONER OF
EXCISE, EXCISE COMPLEX, CHINNAKKADA, KOLLAM - 691 001.
4 THE ASSISTANT EXCISE COMMISSIONER,
KOLLAM, CHINNAKKADA, KOLLAM - 691 001.
5 THE CIRCLE INSPECTOR OF EXCISE,
EXCISE ENFORCEMENT AND ANTI-NARCOTIC SPECIAL SQUAD,
CHINNAKKADA, KOLLAM - 691 001.
BY SRI.G SUDHEER, PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 26.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P(Crl.) No.429 of 2022
2
JUDGMENT
Dated this the 26th day of May, 2022 This Writ Petition is filed under Article 226 of the Constitution of India seeking for the following reliefs:
"i) To call for the records leading to Ext.P6 Application submitted by the Petitioner from the 3rd respondent.
ii) To issue a writ of mandamus or other appropriate writ, order or direction commanding the 3 rd Respondent to release the Petitioner's 2016 Model Yamaha Fascino Scooter bearing Reg. No:KL-02-AZ-5782 involved in Ext.P3 Crime No:86/2019 of Excise Enforcement Anti- Narcotic Squad, Kollam within a stipulated time as directed by this Hon'ble Court taking into consideration of Ext.P6 Application submitted by the Petitioner.
iii) To issue a writ of mandamus or other appropriate writ, order or direction commanding the 3 rd Respondent to consider and dispose of Ext.P6 Application submitted by the Petitioner within a stipulated time as directed by this Hon'ble Court and release the Petitioner's 2016 Model Yamaha Fascino Scooter bearing Reg. No:KL-02- AZ-5782 involved in Ext.P3 Crime No:86/2019 of Excise Enforcement Anti-Narcotic Squad, Kollam.
iv) To declare that the Petitioner is entitled to get release of 2016 Model Yamaha Fascino Scooter bearing Reg.
W.P(Crl.) No.429 of 2022 3 No:KL-02-AZ-5782 involved in Ext.P3 Crime No:86/2019 of Excise Enforcement Anti-Narcotic Squad, Kollam from the Respondents taking into consideration of Ext.P6 Application submitted by the Petitioner.
v) To issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case."
2. The grievance of the Writ Petitioner was that she is the registered owner of 2016 model Yamaha Fascino Scooter bearing Registration No.KL-02-AZ-5782 and it was seized in Crime No.86/2019 of Excise Enforcement Anti-Narcotic Squad, Kollam, on the allegation that it was involved in transporting some prohibited substances attracting the offence under Section 20(b)(ii)(A) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'). According to the learned counsel, the vehicle has been put in the custody of the respondents from the date of the seizure itself and due to its exposure to sunlight and rain, there is likelihood of it being damaged. The release of the vehicle from the custody of the 3rd respondent is sought in the circumstances. According to him, an application was moved as Ext.P6 before the 3rd respondent and that is awaiting consideration. W.P(Crl.) No.429 of 2022 4
3. The learned Public Prosecutor was directed to file a report. A report was filed alongwith a copy of the proceedings of Deputy Excise Commissioner, Kollam. It is revealed from the proceedings that the vehicle has already been bid in auction and sale proceeds have been confiscated. In that event, the Writ Petition (Crl.) has become infructuous and is closed.
Sd/-
MARY JOSEPH JUDGE NAB W.P(Crl.) No.429 of 2022 5 APPENDIX OF WP(CRL.) 429/2022 PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE RC PARTICULARS OF PETITIONER'S 2016 MODEL YAMAHA FASCINO SCOOTER BEARING REG.NO. KL-02-AZ-5782. EXHIBIT P2 THE TRUE COPY OF THE INSURANCE POLICY OBTAINED BY THE PETITIONER FROM NEW INDIA ASSURANCE COMPANY LTD IN RESPECT OF PETITIONER'S 2016 MODEL YAMAHA FASCINO SCOOTER BEARING REG. NO. KL-02-AZ-5782. EXHIBIT P3 THE TRUE COPY OF THE CRIME AND OCCURRENCE REPORT NO. 86/2019 OF EXCISE ENFORCEMENT ANTI-NARCOTIC SQUAD, KOLLAM SUBMITTED BY THE 5TH RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT - I, KOLLAM DATED 02.11.2019.
EXHIBIT P4 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO: 86/2019 OF EXCISE ENFORCEMENT ANTI-NARCOTIC SQUAD, KOLLAM SUBMITTED BY THE 4TH RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT - I, KOLLAM DATED 13.01.2020.
EXHIBIT P5 THE TRUE COPY OF THE RECEIPT DATED 31.01.2020 ISSUED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT - I, KOLLAM TO THE 1ST ACCUSED.
EXHIBIT P6 THE TRUE COPY OF THE APPLICATION 04.05.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT AND ITS ACKNOWLEDGEMENT.
RESPONDENT'S ANNEXURES: NIL
//TRUE COPY//
P A TO JUDGE