Rajappan vs State Of Kerala
2021 Latest Caselaw 3962 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

            THE HONOURABLE MR.JUSTICE V.G.ARUN

     WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH
                        MAGHA,1942

                 WP(C).No.1502 OF 2021(K)


PETITIONER/S:

           RAJAPPAN
           AGED 56 YEARS
           S/O. VIJAYAN, PANATHOTTATHIL HOUSE,
           MATHAYIPARA KARA, UPPUTHARA VILLAGE, PEERMADE
           TALUK, IDUKKI DISTRICT.

           BY ADVS.
           SRI.T.A.UNNIKRISHNAN
           SRI.K.K.AKHIL

RESPONDENT/S:

     1     STATE OF KERALA,
           REPRESENTED BY ITS SECRETARY, MOTOR VEHICLES
           DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-
           695001.

     2     THE DRUG DISPOSAL COMMITTEE,
           IDUKKI DISTRICT, IDUKKI EXCISE RANGE OFFICE,
           PEERMADE, REPRESENTED BY ITS CHAIRMAN, PIN-
           685531.


OTHER PRESENT:

           PP T.R.RENJITH

     THIS WRIT PETITION (CIVIL) HAVING COME UP         FOR
ADMISSION ON 03.02.2021, THE COURT ON THE SAME         DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.1502 OF 2021

                                   -2-



                            JUDGMENT

Dated this the 3rd day of February, 2021

The petitioner is the registered owner of an

autorickshaw bearing registration No.KL-37-E-

2510. The vehicle was seized on 20.09.2020 by

the excise officials on the allegation of the

driver having concealed 50 grams of ganja in the

vehicle. Crime No.09 of 2020 has been registered

at the Excise Range Office, Peermade against the

driver, for the offence punishable under Section

20(b)(ii)A of the NDPS Act. The petitioner has

submitted Ext.P2 representation before the Drug

Disposal Committee, seeking release of his

vehicle. The prayer in this writ petition is for

expeditious disposal of the representation.

2. Learned Public Prosecutor submits that

appropriate orders on Ext.P2 will be passed by W.P.(C) No.1502 OF 2021

the Drug Disposal Committee.

3. Learned Counsel for the petitioner

submits that, while considering Ext.P2, the

second respondent should take note of the dictum

laid down by the Honourable Supreme Court in

Union of India v. Mohanlal and another [2016 (3)

SCC 379] and that of this Court in Smart

Logistics (Ms), Kozhikode v. State of Kerala and

others [2020(5) KHC 139], since the specific

contention urged is that the vehicle was not used

as conveyance.

The writ petition is hence disposed of,

directing the second respondent to consider

Ext.P2 representation and pass orders thereon,

after affording an opportunity of hearing to the

petitioner. While effecting such consideration,

the second respondent shall take into account the

directions contained in Smart Logistics (supra). W.P.(C) No.1502 OF 2021

The order, as directed, shall be passed within a

period of one month from the date of receipt of a

copy of this judgment.

Sd/-

V.G.ARUN JUDGE

Scl/03.02.2021 W.P.(C) No.1502 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CRIME AND OCCURRENCE REPORT IN NDPS CR.NO.9/2020.

EXHIBIT P2 TRUE COPY OF APPLICATION SUBMITTED BEFORE THE 2ND RESPONDENT DATED 01/12/2020.