Sajitha Sasi vs The The State Of Kerala
2021 Latest Caselaw 12403 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

     TUESDAY, THE 11TH DAY OF MAY 2021 / 21ST VAISAKHA, 1943

                       Crl.MC.No.2435 OF 2021(D)

     AGAINST THE ORDER/JUDGMENT IN CRMP 1836/2020 OF JUDICIAL
                MAGISTRATE OF FIRST CLASS, VAIKOM

     CRIME NO.27/2020 OF Vaikom Excise Range Office, Kottayam


PETITIONER:

               SAJITHA SASI
               AGED 45 YEARS
               W/O.SAJI P.K., PERUVELIL HOUSE, NEENDOOR P.O.,
               KOTTAYAM.

               BY ADVS.
               SRI.V.K.SUNIL
               SMT.K.SEENA

RESPONDENTS:

      1        THE THE STATE OF KERALA
               REPRESENTED BY PUBLIC PROSECUTOR,
               HIGH COURT OF KERALA, ERNAKULAM - 682 031.

      2        THE DRUG DISPOSAL COMMITTEE
               REPRESENTED BY ITS CHAIRMAN, THE DEPUTY COMMISSIONER,
               EXCISE DIVISION OFFICE,
               COLLECTORATE P.O., KOTTAYAM - 686 002.

      3        THE EXCISE INSPECTOR
               EXCISE RANGE OFFICE, VAIKOM - 686 141.

               P.P.SRI.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.05.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.2435 OF 2021(D)

                                       2


                   P.V.KUNHIKRISHNAN, J.
              --------------------------------------
                   Crl.M.C. No. 2435 of 2021
              ---------------------------------------
             Dated this the 11th day of May, 2021


                                 ORDER

The petitioner is the owner of a vehicle bearing

Registration No.KL-05-AV-6808 TVS NTORQ 125 Race scooter.

The above vehicle is involved in an NDPS case. The son of the

petitioner was the accused in the above case. As evident by

Annexure-A4, the son of the petitioner died in a road traffic

accident. The petitioner submitted Annexure-A5 before the 2 nd

respondent for release of the vehicle. This Crl.M.C is filed for

issuing a direction to the 2 nd respondent to consider Annexure-

A5 and pass appropiraite orders in a time frame.

2. Heard the learned Public Prosecutor also.

3. After hearing both sides, I think this prayer can be

allowed.

Therefore, this Crl.M.C. is allowed. The 2 nd respondent is Crl.MC.No.2435 OF 2021(D)

directed to consider Annexure-A5 and pass appropriate orders

on it as expeditiously as possible at any rate within two weeks

from the date of receipt of a copy of this order.

Sd/-

P.V.KUNHIKRISHNAN

JUDGE mpm Crl.MC.No.2435 OF 2021(D)

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF KL-05-AV-6808 SCOOTER.

ANNEXURE A2 TRUE COPY OF THE MAHSER IN NDPC CR.NO.27/2020 OF VAIKOM EXCHANGE RANGE.

ANNEXURE A3 TRUE COPY OF THE ORDER PASSED BY THE LEARNED JUDICIAL MAGISTRATE FIRST CLASS- I, VAIKOM IN CRL.M.P.NO.1836/2020 DATED 18/9/2020.

ANNEXURE A4 TRUE COPY OF THE DEATH CERTIFICATE OF THE PETITIONER'S SON DATED 20/11/2020.

ANNEXURE A5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

ANNEXURE A6 TRUE COPY OF THE RECEIPT OF ANNEXURE A5 DATED 13/4/2021.