Sanilal M.S vs Disposal Committee
2021 Latest Caselaw 12722 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                 THE HONOURABLE MRS. JUSTICE MARY JOSEPH
       THURSDAY, THE 3RD DAY OF JUNE 2021 / 13TH JYAISHTA, 1943
                          WP(C) NO. 11733 OF 2021
PETITIONER:

              SANILAL M.S., S/O MANILAL,
0




              AGED 21 YEARS,
              THYKOOTTAM VEEDU, KAPALEESWARAM, KAYIKKARA P.O,
              KADAKKAVOOR, THIRUVANANTHAPURAM DISTRICT.

                 BY ADV. SRI.LATHEESH SEBASTIAN


RESPONDENTS:



              1. DISPOSAL COMMITTEE UNDER THE NDPS ACT,
0




              THIRUVANANTHAPURAM, REPRESENTED BY JOINT EXCISE
              COMMISSIONER, EXCISE DIVISION OFFICE, FORT,
              THIRUVANANTHAPURAM-695001.

              2. EXCISE INSPECTOR, EXCISE RANGE OFFICE,
              CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT-695304
                 BY SRI.N.B SUNIL NATH, GOVERNMENT PLEADER

THIS   WRIT    PETITION   (CIVIL)   HAVING    COME   UP   FOR   ADMISSION   ON
03.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).No.11733 of 2021

                                       2




                              JUDGMENT

Dated this the 3rd day of June, 2021

This writ petition is filed under Article 226 of the Constitution of India seeking for the following reliefs:

"1. Call for the entire records relating to Ext.P1 to P3 from the respondents,

2. Issue a writ of mandamus or any other writ, order or direction to the 1st respondent to grant temporary custody of the motor bike bearing Reg.No.KL-16-S-9066 involved in C.R.No.10/2020 of Chirayinkeezhu Excise Range Office to the petitioner on furnishing executing bond for value of the vehicle fixed by the Mechanical Engineer of the Excise Department as expeditiously as possible within a time limit as fixed by this Hon'ble Court;

3. In the alternate, issue a writ of mandamus or any other writ, order or direction to the 1st respondent to dispose Ext.P3 application of the petitioner for the temporary custody of the motor bike bearing Reg.No.KL-16-S-9066 involved in C.R.No.10/2020 of Chirayinkeezhu Excise Range Office as expeditiously as possible within a time limit as fixed by this Hon'ble Court.

W.P(C).No.11733 of 2021

4. Such other relief that this Honorable court may deem fit to render justice to the Petitioner;"

2. This Court is declined to grant the 1 st and 2nd reliefs

in the writ petition for the reason that as revealed from the

statement of facts, an application has already been preferred

before the appropriate authority, copy of which is appended to

this petition as Ext.P3 and is pending consideration of them.

As the 3rd relief, the writ petitioner seeks for issuance of a writ

of mandamus or any other writ, order or direction to the 1 st

respondent to dispose of Ext.P3 application for obtaining the

temporary custody of the motor bike bearing Registration

No.KL-16-S-9066 involved in Crime No.10 of 2020 of

Chirayinkeezhu Excise Range Office as expeditiously as

possible.

3. The learned Public Prosecutor takes notice for all the

respondents. According to the learned Public Prosecutor due

to the second wave of Covid-19 pandemic that the application

was not pursued with.

4. This Court finds that Ext.P3 application was filed on

09.04.2021. About two months' time is already over.

According to the petitioner, the application has not been acted W.P(C).No.11733 of 2021

upon till date. There is no reason to doubt that the offices of

the respondents are not functioning.

In the above circumstances, this Court is inclined to

dispose of this Writ Petition with a direction to the 1 st

respondent to consider Ext.P3 application filed by the

petitioner for getting the vehicle released in interim custody

after granting reasonable opportunity to him to submit his

versions and to dispose it of at the earliest possible

opportunity within a period of three weeks, strictly in

accordance with law.

Sd/-

MARY JOSEPH JUDGE NAB W.P(C).No.11733 of 2021

APPENDIX

PETITIONERS EXHIBITS:

EXHIBIT P1 : TRUE COPY OF THE CRIME AND OCCURRENCE REPORT IN CR.NO.10/2020 OF CHIRAYINKEEZHU EXCISE RANGE

EXHIBIT P2 : TRUE COPY OF THE MAHAZAR PREPARED BY THE 2ND RESPONDENT WHILE SEIZING THE ALLEGED CONTRABAND ARTICLES AND THE MOTOR BIKE

EXHIBIT P3: TRUE COPY OF THE APPLICATION OF THE PETITIONER SUBMITTED BEFORE THE 1ST RESPONDENT DATED 09.04.2021.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

P A TO JUDGE