Kerala High Court
Ashif P.A vs The State Of Kerala on 10 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
WP(CRL.) NO. 709 OF 2022
PETITIONER :-
ASHIF P.A
AGED 40 YEARS
S/O. ABDUL RAHMAN, PALLITHOTTUNGAL HOUSE,
KOORIKUZHI P.O., KAIPAMANGALAM THRISSUR, PIN -
680681. REP. BY POWER OF ATTORNEY HOLDER
KUNJUMUHAMMED S.A. S/O. ABDUL RASHEED, AGED 29
YEARS, 24/209 QUIDSIA APARTMENT, ARAFA NAGAR,
KALAMASSERY, PIN - 682 022.
BY ADVS.
M.K.ABOOBACKER
D.M.NOWFAL
RESPONDENTS :-
1 THE STATE OF KERALA
REP. BY THE SECRETARY TO HOME DEPARTMENT GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM PIN-695 001.
2 THE DIRECTOR GENERAL OF POLICE,
POLICE HEAD QUARTERS,
THIRUVANANTHAPURAM, PIN- 695 004
3 ARSHAD,
AGED 22 YEARS
S/O. RAHIM, KARADAN HOUSE,
EDAKOCHI, PIN- 682 006.
BY SRI.V.S.SREEJITH, GP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 10.08.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(Crl) No.709 of 2022
2
JUDGMENT
Dated this the 10th day of August, 2022
This petition is filed under Article 226 of the Constitution of
India seeking for the following reliefs :-
"(i) issue a writ of mandamus or any other appropriate writ or direction
commanding the 2nd respondent to take action on Exhibit-P6 complaint
at the earliest.
(ii) issue such other writ, order or direction as this Hon'ble Court may
deem fit to grant in the circumstances.
(ii) Grant cost of the petitioner".
2. The writ petitioner is working in Kuwait and is represented
by his power of attorney holder, who has been authorised by him to
file the writ petition by executing a Power of Attorney, true copy of
which is appended to the petition on hand as Ext.P1. The petitioner is
the registered owner of a BMW 520d car bearing Registration No.KL-
27-C-9090 having Engine No.77078127 and Chasis
No.WBAFW75060C475254. True copy of the registration certificate
of the above vehicle is appended to the petition on hand as Ext.P2.
W.P.(Crl) No.709 of 2022
3. It is submitted that the petitioner left India on 16.12.2020
and before starting his journey to Kuwait, he had entrusted the vehicle
with Mr.Sirajudheen son of Mr.Subair Puthentheruvil, Thoppumpady.
The vehicle was given for personal use of the person on condition to
remit the monthly installments of the vehicle amounting to Rs.53,400/-
in the Bank and to do necessary repairs till the petitioner returns from
Kuwait. The original R.C book and other vehicular documents were
also handed over to him at the time of entrustment of the vehicle.
4. Later on, it was learnt by the writ petitioner that his vehicle
was seized by Munambam Police in Crime No.146 of 2021 and
consequently Mr.Sirajudheen and Mr.Thafseer were arrested by the
Munambam Police. The offence alleged in the crime is one punishable
under Section 20 (b)(ii)(A) of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (for short 'NDPS Act'). The allegation was that
the vehicle was used for transportation of 30 grams of Ganja seized in
the case on hand.
5. It is urged by the writ petitioner that he is innocent of the
allegations and is not at all involved in the above crime. According to
him, the alleged act was occurred within the jurisdiction of
W.P.(Crl) No.709 of 2022
Munambam Police Station, while he was at Kuwait. True photocopy of
the FIS is also appended to the petition on hand as Ext.P3. It is
submitted that the second respondent has concluded the investigation
in the above crime and produced the above vehicle before Judicial
First Class Magistrate Court, Njarakkal.
6. The petitioner had approached the Drugs Disposal
Committee for getting his vehicle released. But the Committee rejected
his claim as per order No.D1(a)-51563/2021/E dated 28.12.2021 and
directed to confiscate the vehicle. True photocopy of the said order is
also appended to the petition on hand as Ext.P4. Against Ext.P4 order,
the petitioner filed W.P.(Crl) No.293/2022 before this Court and this
Court granted an interim order staying execution of Ext.P4 order
passed and issued by the Committee.
7. W.P.(C)No.12479/2021 was filed by the third respondent
before this Court for getting the vehicle released, claiming that he had
purchased the vehicle from the registered owner, who is the petitioner
herein. This Court by order passed in writ petition directed the third
respondent/petitioner to implead the registered owner but he failed to
take steps. Accordingly, the writ petition was dismissed. True copy of
W.P.(Crl) No.709 of 2022
the judgment is produced alongwith the petition on hand as Ext.P5. In
the judgment, liberty has been reserved to the writ petitioner to move
again seeking for reliefs.
8. The writ petitioner has also moved before the second
respondent by lodging a complaint on 17.02.2022. True copies of the
e-mail receipts are produced alongwith the petition on hand as Exts.P6
and P6(a). The second respondent did not act upon the complaint filed
by the petitioner. Accordingly, he approached this Court seeking for
the above reliefs. Circumstances being so, this Court is inclined to
allow the writ petition.
In the result, this writ petition is allowed and the second
respondent is directed to consider Ext.P6 application and on being
convinced of the need of the petitioner, shall issue necessary orders
therein within a period of one month commencing from 1 st September,
2022 (excluding the National Holidays).
Sd/-
MARY JOSEPH
JUDGE
SMA
W.P.(Crl) No.709 of 2022
APPENDIX
PETITIONER EXHIBITS :-
Exhibit P1 A PHOTOCOPY OF THE POWER OF ATTORNEY
ISSUED BY PETITIONER IN FAVOUR OF
KUNJUMUHAMMED S.A. DATED 13.7.2021.
Exhibit P2 A PHOTOCOPY OF THE REGISTRATION
CERTIFICATE OF THE VEHICLE.
Exhibit P3 A PHOTOCOPY OF THE FIR IN CRIME NO. 146
OF 2021 OF MUNAMBAM POLICE STATION.
Exhibit P4 TRUE COPY OF THE ORDER NO. D1(A)
51563/2021/E DATED 28.12.2021 ISSUED BY
DRUG DISPOSAL COMMITTEE, ERNAKULAM.
Exhibit P5 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.
12479/2021 DATED 21.6.2021.
Exhibit P6 TRUE COPY OF THE COMPLAINT SUBMITTED BY
THE PETITIONER TO THE 2ND RESPONDENT
DATED 14.2.2022.
Exhibit P6 (a) TRUE COPY OF THE RECEIPT OF THE EMAIL
DATED 17.2.2022.
