Shini T vs State Of Kerala
2021 Latest Caselaw 20317 Ker

Citation : 2021 Latest Caselaw 20317 Ker
Judgement Date : 30 September, 2021

Kerala High Court

Shini T vs State Of Kerala on 30 September, 2021

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MRS. JUSTICE MARY JOSEPH
         THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
                             WP(C) NO. 20545 OF 2021
PETITIONER:

              SHINI T,
              AGED 25 YEARS,
              W/O. SALEESH, KOTTIYATTIL HOUSE,
              CHIRAKKAKODE, VELLANIKKARA P.O,
              THRISSUR - 680654.

              BY ADVS.
              LINDONS C.DAVIS
              DHANYA E.U.
              DHANESH V.MADHAVAN


RESPONDENTS:

     1        STATE OF KERALA,
              REPRESENTED BY SECRETARY,
              HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM - 695001.
     2        NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES AND CONVEYANCE
              DISPOSAL COMMITTEE, THRISSUR DISTRICT,
              REPRESENTED BY ITS CHAIRMAN, DEPUTY EXCISE COMMISSIONER,
              THRISSUR - 680654.
     3        EXCISE CIRCLE INSPECTOR,
              EXCISE CIRCLE OFFICE, THRISSUR,
              CHEMBUKKAVU, THRISSUR - 680020.
     4        EXCISE RANGE OFFICER
              EXCISE RANGE OFFICE,
              POOTHOLE, THRISSUR - 680004.



              SR PP SMT.T.V.NEEMA



     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(c) No.20545 of 2021

                                 2



                            JUDGMENT

Dated this the 30th day of September, 2021

This writ petition is filed under Article 226 of the

Constitution of India by the registered owner of

Hyundai Era+(M) car bearing registration No.KL-08-

BQ-5376, which has been seized in Crime No.30/2020

of Excise Range, Thrissur registered for offences

punishable under Section 20(b)(ii)(B) of the Narcotic

Drugs and Psychotropic Substances Act, 1985 (for

short, the 'NDPS Act'), on the allegation that Ganja

has been transported in it by some person who was

traveling in the vehicle.

2. The petitioner is conducting Memories Tours

and Travels Mudicode, Thrissur and the

abovementioned vehicle was taken on rent by some

person from the petitioner's firm. The Investigating

Officers have no case that the petitioner has any sort

of involvement in the crime. The vehicle has been W.P.(c) No.20545 of 2021

seized by 3rd and 4th respondents in connection with

Crime No.30/2020 on the allegation that it has been

used for illegal transportation of Ganja. The petitioner

was served with notice by the 3rd respondent on

22.08.2021, copy of which is produced alongwith as

Ext.P1. A reply has been send by the petitioner

responding the said notice on 01.09.2021, true copy of

which is produced alongwith as Ext.P2.

3. Criminal Miscellaneous application filed by

the petitioner before the court under Section 451 of

the Code of Criminal Procedure, 1973 (for short, 'the

Cr.P.C) was dismissed by order dated 02.02.2021

stating that the court has no jurisdiction to consider

the same, true copy of which is produced alongwith as

Ext.P3.

4. Petitioner has submitted a representation

before the 2nd respondent on 10.08.2021 claiming

release of the vehicle, true copy of which is produced W.P.(c) No.20545 of 2021

alongwith as Ext.P4. It was informed by the 2 nd

respondent by letter that the vehicle is still with the

3rd and 4th respondents and unless and until it is

produced before the 2nd respondent for disposal, it is

unable to consider the representation, copy of which is

produced alongwith as Ext.P5. Thus the petitioner

seeks for a direction to the 3 rd and 4th respondents to

produce the vehicle involved in Crime No.30/2020

before the 2nd respondent Committee so as to facilitate

consideration of Ext.P4 representation. The direction

sought is only to be granted in the context on hand.

Therefore, the Writ petition is disposed of with a

direction to the 3rd and 4th respondents to expedite the

procedures for conveying the vehicle to the 2 nd

respondent so that Ext.P4 representation filed by the

petitioner can be considered at the earliest. The 3 rd

and 4th respondents shall take every measures to

handover the vehicle within one month from this day W.P.(c) No.20545 of 2021

and the 2nd respondent on being seized of the vehicle

shall proceed to pass appropriate orders in Ext.P4

representation after granting reasonable opportunity

of being heard to the petitioner, not later than two

weeks, commencing from the date on which the

vehicle was obtained in custody by them.

Sd/-

MARY JOSEPH JUDGE

JJ W.P.(c) No.20545 of 2021

PETITIONER'S EXHIBITS EXHIBIT P1 A COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DATED 22.08.2021.

EXHIBIT P2 A COPY OF THE REPLY OF THE PETITIONER 01.09.2021.

EXHIBIT P3 A COPY OF THE ORDER DATED 02.02.2021 IN CRL.M.P NO.353/2021 OF SESSION JUDGE THRISSUR. EXHIBIT P4 A COPY OF THE REPRESENTATION DATED 10.08.2021 OF THE PETITIONER CLAIMING HYUNDAI ERA + (M) CAR WITH REGISTRATION NO. KL-08-BQ-5376. EXHIBIT P5 A COPY OF THE LETTER DATED 31.08.2021 OF THE 2ND RESPONDENT.