Kerala High Court
C.H.Suhara vs State Of Kerala on 15 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
WP(CRL.) NO. 144 OF 2022
PETITIONERS:
1 C.H.SUHARA,
AGED 57 YEARS,
W/O MOIDU M, CHIRAMMAL HOUSE, KARUVALAM, PADANNAKKAD,
HOSDURG TALUK, KASARAGOD DISTRICT-671315.
2 MOIDU M,
AGED 65 YEARS.
S/O ABOOBACKER, CHIRAMMAL HOUSE, KARUVALAM, PADANNAKKAD,
HOSDURG TALUK, KASARGOD DISTRICT-671315.
BY ADVS. SRI.A.ARUNKUMAR
SRI.S.SHYAM KUMAR
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO HOME DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE STATION HOUSE OFFICER,
BEKAL POLICE STATION, BEKAL, KASARAGOD DISTRICT-671318.
3 THE CHAIRMAN/ DISTRICT POLICE CHIEF,
THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES AND CONVEYANCE
DISPOSAL COMMITTEE, KASARAGOD DISTRICT- 671121
4 THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES AND CONVEYANCE
DISPOSAL COMMITTEE, KASARAGOD DISTRICT-REPRESENTED BY ITS
CHAIRMAN, KASARAGOD DISTRICT-671121.
5 THE EXCISE COMMISSIONER,
COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM-695033.
BY GOVERNMENT PLEADER SRI.ARAVIND V MATHEW
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
15.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(Crl.) NO.144 of 2022
2
JUDGMENT
Dated this the 15th day of February, 2022
This Writ Petition (Crl.) is filed under Article 226 of the
Constitution of India seeking for the following reliefs:
"(i) Call for records leading to the order passed by the
3rd respondent in Ext.P4 representation and quash the
same by issuing a writ of certiorari or any other writ or
order;
(ii) issue a writ of mandamus order or direction
directing the 2nd respondent to release the vehicle
bearing No.KL 60 M 6001 forthwith to the petitioner;
(iii) issue such other writ, order or direction which this
Honourable Court deems fit to grant to the facts and
circumstances of the case."
2. The grievance of the petitioners was that the Motor Car
bearing Registration Number KL 60M 6001 belonging to the 2 nd
petitioner was seized by the 2nd respondent in Crime No.235 of
2021 alleging commission of offences punishable under Section
20(b) of the Narcotic Drugs and Psychotropic Substances Act,
W.P(Crl.) NO.144 of 2022
1985 (for short 'the NDPS Act') for it's involvement in transporting
some prohibited substance. 4.8 grams of Methamphetamine was
seized from the pocket of one Mr.Shanavas who was sitting at the
rear seat of the car. Following the seizure of the contraband, the
car was also taken in custody. True copy of the FIR is produced
alongwith the writ petition as Ext.P2. Thereafter the vehicle was
entrusted to the 3rd respondent Committee for disposal and
confiscation. When enquired about it, it was informed that notice
was sent by the Committee to the petitioners with a view to
provide them an opportunity of being heard. But, that was not
materialised. Accordingly, the 1 st petitioner approached this
Court by filing Writ Petition (Civil) No.19881 of 2021 and obtained
an order from this Court directing the 3 rd respondent to consider
the representation moved by her before it and to pass appropriate
orders after providing her with a reasonable opportunity of being
heard. The above order was passed on 24.09.2021. Thereafter
the petitioner did not receive any orders from the 3 rd respondent
Committee. The said circumstances constrained the 1 st petitioner
to file an application under the Right to Information Act, 2005
W.P(Crl.) NO.144 of 2022
raising some queries regarding the follow up action taken pursuant
to passing of judgment by this Court on 24.09.2021. By Ext.P7
communication, the State Public Information Officer and Additional
Superintendent of Police, District Police Office, Kasaragod has
intimated the 1st petitioner that the complainant was heard on
18.10.2021 by the Committee and ordered not to release the
vehicle to her. However, the vehicle was also not auctioned till
date. It is also informed that if the petitioner is not satisfied with
the reply, appeal can be filed within 30 days of receipt of the
letter, before the District Police Chief and Appellate Authority,
District Police Office, Kasaragod.
3. The grievance of the petitioners was that the copy of
the order passed by the Committee in the above regard was not
issued to them till date. According to them true that the 1 st
petitioner was heard on 18.10.2021 as informed by the
Information Officer, but the order passed in the representation,
after consideration of the contentions raised therein is not
communicated to them.
W.P(Crl.) NO.144 of 2022
4. The petitioners have every right to get an order passed
by the 3rd respondent Committee. It is learnt from the letter
answering queries sent by the Information Officer that the
Committee has ordered not to release the vehicle to the
petitioners. The petitioners have every right to be informed of
the grounds based on which their claims for release of the vehicle
have been declined by the Committee. Therefore, the Writ Petition
(Crl.) is only to be allowed.
In the result, the Writ Petition is allowed and the 3 rd
respondent is directed to furnish a copy of a reasoned order
narrating the grounds for declining to release the vehicle so as to
enable them to challenge the same in appropriate proceedings.
The copy shall be furnished to the writ petitioners within a week
from this day.
Sd/-
MARY JOSEPH
JUDGE
MJL
W.P(Crl.) NO.144 of 2022
APPENDIX OF WP(CRL.) 144/2022
PETITIONERS' EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE VEHICLE PARTICULARS OF
VEHICLE BEARING REGISTRATION NO.KL.60 M
6001.
EXHIBIT P2 A TRUE COPY OF THE F.I.R IN CRIME NO.235
OF 2021 OF BEKAL POLICE STATION.
EXHIBIT P3 A TRUE COPY OF THE AUCTION NOTICE DATED
03.09.2021 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P4 A TRUE COPY OF THE APPLICATION DATED
17.09.2021 SUBMITTED BEFORE 4TH
RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE JUDGMENT DATED
24.09.2021 IN WP(C) NO.19881 OF 2021.
EXHIBIT P6 A TRUE COPY OF THE APPLICATION DATED
11.12.2021 FILED UNDER RIGHT TO
INFORMATION ACT.
EXHIBIT P7 A TRUE COPY OF THE REPLY ISSUED TO EXT.P5
DATED 29.12.2021.
RESPONDENTS' EXHIBITS: NIL
TRUE COPY
P A TO JUDGE
