Nazeera Aboobacker vs The Station House Officer
2022 Latest Caselaw 6340 Ker

              PIN 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. 265 OF 2022


PETITIONER :-

           NAZEERA ABOOBACKER,
           AGED 37 YEARS
           W/O.ABOOBACKER, 798, KOOLIYADAN HOUSE,
           PONJASSERY P.O., VENGOLA, PERUMBAVOOR,
           ERNAKULAM DISTRICT, PIN-683 547.

            BY ADVS.
            C.D.JOHNY
            BIJI MATHEW
            SARUN RAJAN
            C.C.ANOOP
            R.ANAS MUHAMMED SHAMNAD


RESPONDENTS :-

    1       THE STATION HOUSE OFFICER,
            AMBALAMEDU POLICE STATION, ERNAKULAM CITY,
            ERNAKULAM DISTRICT-682 303.

    2       THE CHAIRMAN,
            DISTRICT DRUGS DISPOSAL COMMITTEE,
            OFFICE OF THE ASSISTANT COMMISSIONER,
            NARCOTIC CELL, KOCHI CITY-682 018, KOCHI CITY.

    3       STATE OF KERALA,
            REPRESENTED BY THE SECRETARY TO GOVERNMENT,
            HOME DEPARTMENT, SECRETARIAT,
            THIRUVANANTHAPURAM-695 001.

            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. 265 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 P5.

ii) To issue a writ of mandamus or any other appropriate writ order or direction to the 2nd respondent to finally dispose of the vehicle Hundai New i20 Magna Car bearing registration No.KL-40/L-2999 by releasing the same to the petitioner".

2. Ext.P5 is nothing but a letter issued by the Assistant

Commissioner of Police, Narcotic Cell, Kochi City (Member District

Drugs Disposal Committee) informing the petitioner that proceedings have

already been commenced for disposal of the vehicle. The petitioner seeks

to quash Ext.P5. Ext.P5 was issued by the 2 nd respondent appointed under

Section 52A of the Narcotic Drugs and Psychotropic Substances Act, 1985

(for short 'NDPS Act') and his authority is only to dispose of the vehicle

which has been seized in a crime registered for commission of an offence

under the NDPS Act. The Drug Disposal Committee has informed the

petitioner correctly vide Ext.P5. That is not empowered to grant interim

custody of a vehicle involved in an offence under the NDPS Act. In the WP(CRL.) NO. 265 OF 2022

above circumstances, this court is declined to allow the application and to

set aside Ext.P5.

Writ Petition (Crl.) fails and is dismissed.

Sd/-

MARY JOSEPH JUDGE SMA WP(CRL.) NO. 265 OF 2022

APPENDIX OF WP(CRL.) 265/2022

PETITIONER EXHIBITS :-

Exhibit P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF HUNDAI NEW I 20 MAGNA CAR BEARING REGISTRATION NO.KL-40/L- 2999.

Exhibit P2 TRUE COPY OF THE POLICE CERTIFICATE DATED 21.04.2021.

Exhibit P3         TRUE COPY OF THE FIRST INFORMATION
                   REPORT    IN  CRIME   NO.79/2022  OF

AMBALAMEDU POLICE STATION, ERNAKULAM CITY.

Exhibit P4 TRUE COPY OF THE SEIZURE MAHAZAR IN CRIME NO.79/2022 OF AMBALAMEDU POLICE STATION, ERNAKULAM CITY.

Exhibit P5 TRUE COPY OF THE ORDER DATED 25.02.2022 ISSUED FROM THE OFFICE OF THE ASSISTANT COMMISSIONER OF POLICE, NARCOTIC CELL, KOCHI CITY.