Venu M.K vs The Chairman
2021 Latest Caselaw 4158 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

 THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942

                     WP(C).No.663 OF 2021(G)


PETITIONER/S:

              VENU M.K
              AGED 35 YEARS
              S/O. KUNCHAKKAN, MANAKKATTU HOUSE,
              PAPPINIVATTOM VILLAGE, MATHILAKOM, THRISSUR 680
              685

              BY ADV. SRI.K.V.SABU

RESPONDENT/S:

      1       THE CHAIRMAN
              DRUGS DISPOSAL COMMITTEE, THRISSUR RURAL,
              REPRESENTED BY DEPUTY SUPERINTENDENT OF POLICE,
              DISTRICT CRIME BRANCH, THRISSUR 680 001

      2       DIRECTOR GENERAL OF POLICE,
              POLICE HEAD QUARTERS, THIRUVANANTHAPURAM 695
              036

      3       SECRETARY TO GOVERNMENT,
              DEPARTMENT OF HOME, SECRETARIAT,
              THIRUVANANTHAPURAM 695 001


OTHER PRESENT:

              SMT.M.K.PUSHPALATHA, SR.PP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
04.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Case No. WPC(C) 663/2021



                                    -2-




                             JUDGMENT

Aggrieved by Ext.P5 order dismissing the

representation filed by the petitioner seeking for the release

of the vehicle bearing Reg.No.KL.14.R.6116, which was

seized in connection with Crime No.163 of 2020 of

Irinjalakuda Police station registered under Section 20(b)

(ii)A of the Narcotic Drugs and Psychotropic Substances

Act, to the interim custody of the petitioner, who claims to

be the registered owner of the said vehicle, this Writ

Petition has been filed.

2. Heard.

3. It is not disputed that the petitioner filed

a representation before the Drug Disposal Committee Case No. WPC(C) 663/2021

seeking for the release of the above said vehicle to the

interim custody of the petitioner.

4. It appears from Ext.P5 order that the Drug

Disposal Committee was of the view that the said

Committee is having power only to dispose of the vehicle

and not to release the vehicle to the interim custody of the

registered owner. Therefore, the Drug Disposal

Committee declined to entertain the representation of the

petitioner.

5. This Court, in Smart Logistics (M/s.) Kozhikode

v. State of Kerala and others [2020 (5) KHC 139] held that

when the seized item is a conveyance, the question whether

the conveyance is liable for disposal by sale is to be Case No. WPC(C) 663/2021

decided by the Drug Disposal Committee before ordering

its disposal. It was further held in the said decision that if

the Drug Disposal Committee, irrespective of the facts of

the case, takes the decision that, merely because

a conveyance is seized under the Act, it is liable to be

disposed of by sale, it would be an erroneous and

unsustainable decision.

6. In view of the above decision, the Drug

Disposal Committee ought to have passed an order as to

whether the conveyance involved in the case was liable to

be disposed of by sale or tender. It appears from Ext.P5

order that the petitioner was not granted an opportunity of

hearing before passing Ext.P5 order. In the said

circumstances, I am inclined to set aside Ext P5 order and

direct the Drug Disposal Committee concerned to dispose Case No. WPC(C) 663/2021

of the representation submitted by the petitioner afresh, as

held in Smart Logistics (supra), in accordance with law,

affording reasonable opportunity of hearing to the

petitioner, as expeditiously as possible, and at any rate,

within a period of two months from the date of

receipt/production of a copy of this judgment. Copy of the

order passed on the representation shall be communicated

to the petitioner by the Drug Disposal Committee

concerned and till such communication is made, the vehicle

shall not be disposed of, if not already disposed.

In the result, this Writ Petition stands disposed of as

above.

sd B. SUDHEENDRA KUMAR, JUDGE.

dl/ Case No. WPC(C) 663/2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A COPY OF THE R.C PARTICULARS OF THE VEHICLE BEARING NO. KL 14 R 6116

EXHIBIT P2 COPY OF THE INSURANCE PARTICULARS FOR THE VEHICLE BEARING NO. KL 14 R 6116

EXHIBIT P3 A COPY OF THE ORDER DT 22-10-2020 PASSED BY THE LEARNED JFCM COURT-1 IRINJALAKUDA IN CRL MP NO. 3895/2020 IN C.C NO. 663/2020

EXHIBIT P4 A COPY OF THE PETITION DT 4-11-2020 FVILED BEFORE THE 1ST RESPONDENT

EXHIBIT P5 A COPY OF THE ORDER DT 21-12-2020 PASSED BY THE 1ST RESPONDENT BEARING NO. 953/TDR/DCB/2020/R