Akshaykumar V vs The Chairman
2021 Latest Caselaw 20319 Ker

                     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. 16874 OF 2021
PETITIONER:

              AKSHAYKUMAR V.,
              AGED 22 YEARS,
              S/O. RAJKUMAR V., 32/203,
              AYYANKUZHY, NILAMPARAMBU, KALLAYI P.O.,
              KOZHIKODE-673003.

              BY ADVS.
              SANISH C.R.
              KARTHIK S.A
              AGHIL RAJ K.


RESPONDENTS:

     1        THE CHAIRMAN,
              DISTRICT NDPS DISPOSAL COMMITTEE,
              OFFICE OF THE DEPUTY EXCISE COMMISSIONER, MEENANGADI,
              WAYANAD DISTRICT-673591.
     2        STATE OF KERALA,
              REPRESENTED BY CHIEF SECRETARY,
              SECRETARIAT, THIRUVANANTHAPURAM-695001.
     3        THE SECRETARY TO THE GOVERNMENT,
              EXCISE DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT,
              THIRUVANANTHAPURAM-695001.



              GP SRI M.P.PRASANTH



     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.16874 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 writ petitioner, who is the

registered owner of a bike bearing registration No.KL-11-

BT-0042 (Royal Enfield Himalayan) allegedly involved in

Crime No.22/2020 registered for offences punishable

under Section 20(b)(ii)(A) read with Section 8(c) of the

Narcotic Drugs and Psychotropic Substances Act, 1985

(for short, the 'NDPS Act') by Kalpatta Excise Circle,

Wayanad district.

2. The petitioner is not an accused in the crime and

the vehicle was purchased by him by availing a bank loan

of which EMIs were paid regularly till the outbreak of

Covid-19 pandemic. After that, he failed to repay few

EMIs. The true copy of the RC book of the vehicle is

produced alongwith as Ext.P1.

W.P.(c) No.16874 of 2021

3. The accused persons in the crime had taken the

vehicle from the house of the petitioner without his

permission and knowledge while he was not even available

there. He was at Bangalore at the relevant time in

connection with his job. Narrating the above facts, he

approached the 1st respondent on 12.03.2021 and

preferred a representation, true copy of which is produced

alongwith as Ext.P2. Without applying it's mind to the

facts, the 1st respondent dismissed the representation by

order dated 14.06.2021, true copy of which is produced

alongwith as Ext.P3. As revealed from the FIR, the

contraband items were seized from the pocket of the

accused and not from the vehicle. According to the

petitioner, the conveyance is liable for confiscation only

when it has been involved in the transportation of any

narcotic drugs/psychotropic substances or controlled

substance. The 1st respondent has also stated in Ext.P3

that he is not in a position to consider the representation

in view of the mandate under Section 52A of the NDPS Act

to dispose it.

W.P.(c) No.16874 of 2021

4. Aggrieved thereby, the petitioner approached

this Court by filing WP(C) No.13844/2021, which has been

dismissed by an order passed on 13.07.2021, reserving the

right of the petitioner to approach the Chairman (District

Police Chief) District Drug Disposal Committee, true copy

of which is produced alongwith as Ext.P4.

5. Thus, the petitioner has approached the

Chairman, (District Police Chief) District Drug Disposal

Committee. The District Police Chief has expressed his

inability to entertain the application for the reason that the

procedural formalities required have not been completed

by the 1st respondent. In the meantime, the accused

pleaded guilty before the court and was imposed with fine.

The accused paid the fine amount and the prosecution

against him has been put to an end. But the grievance of

the petitioner that till date, the Chairman (District Police

Chief) District Drug Disposal Committee has not

considered his application was not redressed with for the

reason that the 1st respondent has not yet completed the

procedural formalities and conveyed the vehicle to him. W.P.(c) No.16874 of 2021

According to the petitioner, only when a direction is issued

to expedite the proceedings before the 1 st respondent, his

grievance could be redressed.

6. This Court finds that the prosecution against the

accused in Crime No.22/2020 is put to an end after

recording the plea of guilt of the accused and payment of

the fine amount imposed by the court.

In the above circumstances, this Writ Petition is

disposed of with a direction to the 1 st respondent to

expedite the formalities to be completed regarding the

vehicle bearing No.KL-11-BT-0042 seized in crime

No.22/2020 and to convey the same to the Chairman

(District Police Chief) District Drug Disposal Committee to

enable him to consider the representation at the earliest,

not later than 2 months from this day.

Sd/-

MARY JOSEPH JUDGE

JJ W.P.(c) No.16874 of 2021

APPENDIX OF WP(C) 16874/2021

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RC BOOK OF THE BIKE (ROYAL ENFIELD HIMALAYAN) BEARING REGISTRATION NO.KL- 11-BT-0042.

EXHIBIT P2 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 12/03/2021 TO RELEASE THE VEHICLE.

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 14/06/2021 BEARING NO. W-5-888/21 PASSED BY THE 1ST RESPONDENT. EXHIBIT P4 THE CERTIFIED COPY OF THE JUDGMENT DATED 13/07/2021 IN WPC NO. 13844/2021.