J.Ramanathan vs State Of Kerala
2022 Latest Caselaw 6337 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MRS. JUSTICE MARY JOSEPH
        FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                        WP(CRL.) NO. 381 OF 2022


PETITIONER :-

            J.RAMANATHAN,
            AGED 24 YEARS
            S/O M. JAGANATHAN, HOUSE NO.16,
            VISWANATHA LAYOUT, LAKSHMIPURAM, PEELAMEDU, COIMBATORE,
            PIN-641004, NOW RESIDING AT MALAYAM PALAYAM,
            PUNJAIKALAMBADI, ERODE, TAMILNADU, PIN-638154.

            BY ADVS.
            T.U.SUJITH KUMAR
            P.S.SYAMKUTTAN


RESPONDENTS :-

    1       STATE OF KERALA,
            REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME
            DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-
            695001.

    2       THE COMMISSIONER OF EXCISE,
            EXCISE COMMISSIONERATE, VIKAS BHAVAN P.O, NANDAVANAM,
            THIRUVANANTHAPURAM, PIN-695033.

    3       THE NDPS DRUGS & CONVEYANCES DISPOSAL COMMITTEE,
            THRISSUR, REPRESENTED BY ITS CHAIRMAN, DEPUTY
            COMMISSIONER OF EXCISE, EXCISE DIVISION OFFICE, CIVIL
            STATION, AYYANTHOLE, THRISSUR DISTRICT, PIN-680601.

    4       THE EXCISE INSPECTOR,
            CHALAKKUDY EXCISE RANGE, CHALAKKUDY, THRISSUR DISTRICT,
            PIN-680307.

            BY SRI.V.S.SREEJITH, PP


     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(CRL.) NO. 381 OF 2022
                                        2

                                 JUDGMENT

This petition is filed under Article 226 of the Constitution of

India seeking for the following reliefs :-

i) To issue a writ of certiorari or any other appropriate writ order or direction quashing Exhibit-P4 order issued by the 3rd respondent;

ii) To issue a writ of certiorari or any other appropriate writ order or direction quashing Exhibit-P5 Circular issued by the 2nd respondent;

iii) To issue a writ of mandamus or any other appropriate writ order or direction to the 3rd respondent to finally dispose of the vehicle Mahindra Xylo 2017 model Car bearing registration No.TN-37-CS-3142 by releasing the same to the petitioner.

iv) To issue a writ of mandamus or any other appropriate writ order or direction commanding the 2 nd respondent to grant the interim custody of Mahindra Xylo 2017 model Car bearing registration No.TN-37-CS-3142 to the petitioner on his producing any other security which this Hon'ble Court may deem fit to direct.

v) To issue a writ of mandamus or any other appropriate writ order or direction to the 4 th respondent to forthwith produce the Mahindra Xylo 2017 model Car bearing registration No.TN-37-CS-3142 before the 3 rd respondent;

vi) Any other reliefs which this Hon'ble Court may deem fit and proper considering the facts and circumstances of the case in the interest of justice.

WP(CRL.) NO. 381 OF 2022

2. Petitioner is the registered owner cum driver of a vehicle

bearing registration No.TN-37-CS-3142 which has been seized by

the 3rd respondent in NDPS Crime No.7/2022 of Excise Range

Office, Chalakkudy on the allegation that the accused was found

travelling in the vehicle carrying ganja. Crime was registered

against the accused for offences punishable under Sections 20(b)

(ii)(C) & 29, 60(3) of the Narcotic Drugs and Psychotropic

Substances Act, 1985 (for short 'NDPS Act').

3. The grievance of the petitioner is that he was only owner

cum driver of the vehicle and his vehicle was hired by the accused

for the purpose of travelling. While travelling in the vehicle it was

intercepted by the Excise Officials. In a search of the vehicle, the

contraband was found kept inside. It was seized and the crime in

question was registered.

4. According to the petitioner, he being not an accused, is

entitled to get the vehicle released in interim custody. But, the

position of law is settled in Shajahan v. Inspector of Excise [2019

(4) KLT 507] by a Division Bench of this Court and as per the

dictum a court cannot exercise jurisdiction under Section 451 of WP(CRL.) NO. 381 OF 2022

Code of Criminal Procedure, 1973 for grant of vehicle in interim

custody.

Writ Petition (Crl.) fails and is dismissed.

Sd/-

MARY JOSEPH JUDGE SMA WP(CRL.) NO. 381 OF 2022

APPENDIX OF WP(CRL.) 381/2022

PETITIONER EXHIBITS :-

Exhibit P1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE VEHICLE CAR BEARING REGISTRATION NO. TN-37-CS-3142.

Exhibit P2         A TRUE COPY OF THE CRIME AND OCCURRENCE
                   REPORT   DATED    10.03.2022    IN  NDPS
                   C.R.NO.7/2022   OF   THE   EXCISE  RANGE
                   OFFICE, CHALAKKUDY.

Exhibit P3         A TRUE COPY OF THE PETITION SUBMITTED
                   BY THE PETITIONER BEFORE THE 3RD
                   RESPONDENT.

Exhibit P4         A   TRUE   COPY   OF  THE  ORDER    DATED
                   11.04.2022     ISSUED   BY    THE     3RD
                   RESPONDENT.

Exhibit P5         A   TRUE    COPY   OF    THE  CIRCULAR

NO.EXC8/2020/EXCISE, DATED 18.03.2020 ISSUED BY THE 2ND RESPONDENT.