Deepak S vs State Of Kerala
2021 Latest Caselaw 9978 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

    WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

                       WP(C).No.1184 OF 2021(W)


PETITIONER:

               DEEPAK S.
               AGED 34 YEARS
               S/O. K.R. SASIKUMAR, DEEPAM HOUSE,
               UDYOGAMANDAL, MANJUMMEL P.O,
               ERNAKULAM - 683501.

               BY ADV. SRI.P.A.ABHILASH

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY CHIEF SECRETARY,
               KERALA GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM, PIN - 695001.

      2        DISTRICT COLLECTOR/DISTRICT MAGISTRATE,
               CIVIL STATION, KAKKANAD, PIN - 682030.

      3        STATION HOUSE OFFICER,
               IRINJALAKKUDA POLICE STATION,
               THRISSUR - 680125.

      4        CHAIRMAN
               DRUG DISPOSAL COMMITTEE,
               OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
               DISTRICT C BRANCH, THRISSUR RURAL, PIN - 680503.

      5        DEPUTY SUPERINTENDENT OF POLICE
               OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
               DISTRICT C BRANCH, THRISSUR, RURAL, PIN - 680503.

               SMT. M. K. PUSHPALATHA, SR.PP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD          ON
24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1184 OF 2021(W)

                             -2-




                        JUDGMENT

The grievance of the petitioner is that the Drug

Disposal Committee did not consider the decision of this

Court in Smart Logistics (M/s.) Kozhikode v. State of

Kerala and others [2020 (5) KHC 139] before disposing

of Ext.P4 representation filed by the petitioner as per

Ext.P5.

2. It has been further submitted by the

learned counsel for the petitioner that the petitioner

was not even granted an opportunity of hearing before

passing Ext.P5.

3. The Court in Smart Logistics (supra) held

that the owner of the vehicle is having the liberty to

make representation before the Drug Disposal

Committee concerned raising his claim over the vehicle WP(C).No.1184 OF 2021(W)

concerned, which was seized under the Narcotic Drugs

and Psychotropic Substances Act. It was further held in

Smart Logistics (Supra) that if any such representation

is made by the owner of the vehicle, the Drug Disposal

Committee, before taking a decision on the disposal of

the vehicle, shall grant an opportunity of hearing to the

owner and pass appropriate orders on the

representation.

Since no opportunity was granted to the owner

of the vehicle, who is the petitioner herein, Ext.P5

communication expressing the inability of the 4 th

respondent to consider the application cannot be

sustained. In the said circumstances, I am inclined to

set aside Ext.P5 and direct the 4 th respondent to pass

order afresh on the representation of the petitioner in

accordance with law, as expeditiously as possible and at

any rate, within one month from the date of WP(C).No.1184 OF 2021(W)

receipt/production of a copy of this judgment,

affording reasonable opportunity of hearing to the

petitioner as held by this Court in Smart Logistics

(Supra). The copy of the order, which will be passed on

the representation shall be communicated to the

petitioner by 4th respondent and till such

communication is made, the vehicle bearing

registration No.KL-41-N-5890 involved in crime

No.743/2020 of Irinjalakkuda Police Station registered

under Section 20 (b)(ii)A of the NDPS Act shall not be

disposed of.

Sd/-

B.SUDHEENDRA KUMAR

JUDGE Nkr/24.03.2021 WP(C).No.1184 OF 2021(W)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING REGISTRATION NO. KL 41 N 5890

EXHIBIT P2 A TRUE COPY OF THE VEHICLE PASS DATED 01.06.2020.

EXHIBIT P3 A TRUE COPY OF THE FIR NO. 743/2020 OF INRIJNALAKUDA POLICE STATION, THRISSUR RURAL.

EXHIBIT P4 A TRUE COPY OF THE PETITION SUBMITTED BEFORE THE 4TH RESPONDENT.

EXHIBIT P5 A TRUE COPY OF THE LETTER DATED 21.12.2020 ISSUED BY THE DRUGS DISPOSAL COMMITTEE THRISSUR, RURAL.

RESPONDENTS'S EXHIBITS: NIL