Kerala High Court
Neethu Mathew vs The Inspector Of Police, Ulikkal ... on 31 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
WP(CRL.) NO. 768 OF 2022
PETITIONER:
NEETHU MATHEW,
AGED 32 YEARS,
D/O MATHEW, PATHIKKAL HOUSE, ETTUPARA,
NELLIKUTTY.P.O,
PAYYAVUR, KANNUR DISTRICT,
PIN-670632.
BY ADVS.SRI.JOSE ABRAHAM
SRI.PRAMOD J.DEV
RESPONDENTS:
1 THE INSPECTOR OF POLICE, ULIKKAL POLICE STATION,
ULIKKAL P.O.,
KANNUR DISTRICT,
PIN-670705.
2 NDPS DRUGS & CONVEYANCE DISPOSAL COMMITTEE,
KANNUR REPRESENTED BY ITS CHAIRMAN, KANNUR DISTRICT,
PIN-670002.
BY SENIOR GOVERNMENT PLEADER SRI.RENJITH GEORGE
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
31.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(Crl.) No.768 of 2022
2
JUDGMENT
Dated this the 31st day of August, 2022
This Writ Petition is filed by the petitioner under Article 226 of
the Constitution of India seeking for the following reliefs:
"(i) Issue a writ of mandamus or any other
appropriate writ, order or direction, directing the
respondents to release petitioner's vehicle ALTO Car
bearing No.KL-59-X-7765 which was taken in to
custody in Crime No.81 of 2022 of Ulikkal Police
Station, on such terms and conditions this Hon'ble
Court may be deemed fit and proper in the
circumstances of the case.
(ii) Issue a writ of mandamus or any other
appropriate writ or direction, directing the second
respondent to consider and pass appropriate orders
on Exhibit P5 application submitted by the petitioner
after affording an opportunity of hearing to the
petitioner;
(iii) An order allowing the petitioner to file the
Writ Petition (Civil) with vernacular document
and granting time to file English translation of the
same as and when it becomes necessary;
W.P(Crl.) No.768 of 2022
(iv) Issue such other writ, order or direction as
this Hon'ble Court may deem fit and proper in the
circumstances of the case."
2. The petitioner is the owner of an ALTO Car bearing
No.KL-59-X-7765 and a teacher by profession working in Sal
Sabeel Public School, Sreekandapuram, Kannur. The Car belonging
to the petitioner referred to above was borrowed by her brothers
on 03.02.2022 for taking one among them to the hospital.
Petitioner handed over the key of the vehicle to her brothers since
the request appeared to her is for a genuine purpose. Later it was
transpired to her that the car was taken into custody by the 1 st
respondent, since brothers of the petitioner alongwith one person
called Mr.Abhijit, were found in possession of 260 mg of MDMA,
which is a prohibited substance under the Narcotic Drugs and
Psychotropic Substances Act, 1985 (for short 'the NDPS Act').
Crime No.81/2022 was registered and after investigation, charge
sheet was laid by the 1st respondent before Judicial First Class
Magistrate Court, Mattannur. The vehicle was alleged as in the
custody of the 1st respondent. True copies of the FIR and Seizure
Mahazar in Crime No.81/2022 of Ulikkal Police Station, the
W.P(Crl.) No.768 of 2022
statement given by the petitioner in Crime No.81/2022 of Ulikkal
Police Station, the communication issued by the Godown Officer,
NDPS Godown, Kozhikode dated 23.03.2021 are produced
alongwith the petition on hand respectively as Exts.P1 to P4.
3. Since the petitioner has already made an application
before the 2nd respondent on 06.08.2022 seeking for a
consideration of her prayer to release the vehicle in her interim
custody, true copy of which is produced alongwith the petition on
hand as Ext.P5 and the contention raised being that it was not
acted upon till date, this Court finds that the grievance of the
petitioner could be redressed on consideration of Ext.P5 by the 2 nd
respondent.
Writ Petition (Crl.) stands allowed and the 2nd respondent is
directed to consider Ext.P5 application filed by the petitioner and
pass appropriate orders in it within a period of ten days from this
day.
Sd/-
MARY JOSEPH
JUDGE
MJL
W.P(Crl.) No.768 of 2022
APPENDIX OF WP(CRL.) 768/2022
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE FIR IN CRIME NUMBER 81 OF
2022 OF THE ULIKKAL POLICE STATION
EXHIBIT P2 TRUE COPY OF THE SEIZURE MAHAZAR IN CRIME
NUMBER 81 OF 2022 OF THE ULIKKAL POLICE
STATION
EXHIBIT P3 TRUE COPY OF STATEMENT GIVEN BY THE
PETITIONER IN CRIME NUMBER 81 OF 2022 OF THE
ULIKKAL POLICE STATION
EXHIBIT P4 TRUE COPY OF THE COMMUNICATION ISSUED BY THE
GODOWN OFFICER, NDPS GODOWN, KOZHIKKODE
BEARING NUMBER RV28/AC A.R-1/NDPS 2021 DATED
23.03.2021 (SIC)
EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 06.08.2022
SUBMITTED BY THE PETITIONER BEFORE THE SECOND
RESPONDENT.
RESPONDENTS' EXHIBITS: NIL
TRUE COPY
PA TO JUDGE
