Sujith Kumar vs The State Of Kerala
2021 Latest Caselaw 3374 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

            THE HONOURABLE MR.JUSTICE V.G.ARUN

 FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                 WP(C).No.776 OF 2021(V)

PETITIONER/S:

           SUJITH KUMAR
           S/O. KOTTAPPUNCHA APPAKUNHI, KOTTAPPUNCHA
           HOUSE, AYAMPARA, PERIYA VILLAGE, P.O.PERIYA,
           HOSDURG TALUK, REPRESENTED BY HIS POWER OF
           ATTORNEY HOLDER, NAYANA.A, AGED 24 YEARS, W/O.
           SUJITHKUMAR, R/NEAR AVIKKARA ALP SCHOOL,
           KANAHANGAD, BALLA VILLAGE, P.O.KANHANGAD,
           HOSDURG TALUK, -671 315

            BY ADV. SRI.A.ARUNKUMAR
RESPONDENT/S:

     1     THE STATE OF KERALA
           REPRESENTED BY THE SECRETARY TO HOME
           DEPARTMENT, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM-695 001

     2     THE STATION HOUSE OFFICER,
           KANNUR TOWN POLICE STATION, THAVAKKARA,
           KANNUR, KANNUR DISTRICT-670 001

     3     THE NARCOTIC DRUGS AND PSYCHOTROPIC
           SUBSTANCES, AND CONVEYANCE DISPOSAL COMMITTEE,
           KANNUR DISTRICT- REPRESENTED BY ITS CHAIRMAN,
           KANNUR DISTRICT-670 001

     4     THE EXCISE COMMISSIONER,
           COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM-
           695 033


OTHER PRESENT:

           PP T.R.RENJITH

     THIS WRIT PETITION (CIVIL) HAVING COME UP        FOR
ADMISSION ON 29.01.2021, THE COURT ON THE SAME        DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.776 of 2021

                                      -2-



                                JUDGMENT

Dated this the 29th day of January, 2021

The petitioner's vehicle was seized in

connection with Crime No.1481 of 2020 registered

at the Kannur Town Police Station for the offence

punishable under Section 20(b)(ii)(A) of NDPS

Act. The petitioner approached the third

respondent, Drug Disposal Committee, Kannur with

Ext.P4 application seeking release of his

vehicle. The prayer in this writ petition is to

direct the third respondent to consider and pass

orders on Ext.P4 expeditiously.

2. The Drug Disposal Committee is

conferred with the authority to consider

applications for release of conveyances used for

transportation of narcotic drugs or psychotropic

substance, as held by the Honourable Supreme W.P.(C) No.776 of 2021

Court in Union of India v. Mohanlal and another

[2016 (3) SCC 379] and reiterated by this Court

in Smart Logistics (Ms), Kozhikode v. State of

Kerala and others [2020(5) KHC 139].

Hence, the writ petition is disposed of,

directing the third respondent to consider Ext.P4

application and pass orders thereon, after

affording an opportunity of hearing to the

petitioner. While effecting such consideration,

the third respondent shall take into account the

directions contained in Smart Logistics (supra).

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/29.01.2021 W.P.(C) No.776 of 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY THE PETITIONER IN FAVOUR OF HIS WIFE DATED 27.10.2020

EXHIBIT P2 A TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE OF THE PETITIONER

EXHIBIT P3 A TRUE COPY OF THE FIR IN CRIME NO.1481 OF 2020 OF KANNUR TOWN POLICE STATION

EXHIBIT P4 A TRUE COPY OF THE APPLICATION DATED 03.11.2020 SUBMITTED BEFORE 3RD RESPONDENT

EXHIBIT P5 A TRUE COPY OF THE RECEIPT DATED 03.11.2020 ISSUED BY THE OFFICE OF THE 3RD RESPONDENT