Smt.Lala vs State Of Kerala
2022 Latest Caselaw 7233 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MRS. JUSTICE MARY JOSEPH
        THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                        WP(CRL.) NO. 412 OF 2022


PETITIONER :-

            SMT.LALA
            W/O BINU.K.K AGED 48 YEARS,
            KOONIPARAMBIL HOUSE, ARIPALAM.P.O, NEAR PANCHAYAT
            OFFICE, EDAKULAM, THRISSUR DISTRICT, PIN - 680688

            BY ADVS.
            S.ABHILASH
            K.SIJU
            ANJANA KANNATH
            D.RANI MOL
            FATHIMA MOHAN
            RENUKA VENU


RESPONDENTS :-

    1       STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR,
            HIGH COURT OF KEERALA, ERNAKULAM, PIN - 682031

    2       INSPECTOR OF POLICE,
            ANGAMALY POLICE STATION, ERNAKULAM RURAL DISTRICT,
            UNDER THE HOME DEPARTMENT, GOVERNMENT OF KERALA,
            PIN-683 572

    3       COMPETENT AUTHORITY SAFEM (POP) AND NDPS ACT,
            UTSAV BUILDING 64/01G.N.CHETTY ROAD,
            T.NAGAR, CHENNAI, -600617

    4       JOINT RTO,
            SUB REGIONAL TRANSPORT OFFICE,
            IRINJALAKUDA, THRISSUR, PIN-680 121

            BY ADV MANU S., ASG OF INDIA
               SRI RENJITH GEORGE, SR.PP


     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(CRL.) NO. 412 OF 2022
                                    2



                              JUDGMENT

This writ petition is filed against the proceedings passed by the

Inspector of Police, Angamaly Police Station, Ernakulam Rural

District under the Home Department, Government of Kerala whereby a

freezing order of vehicle bearing No.KL-45-Q-0567 (Hyundai i20 Car)

was passed. The prayer in the writ petition is to quash the order above.

2. The learned Pubic Prosecutor on instructions submitted

that the order has been confirmed by the higher authority and the

remedy available to the petitioner is to approach the appellate authority

as contemplated under Section 68-O of the Narcotic Drugs and

Psychotropic Substances Act, 1985 (for short 'NDPS Act') before the

Appellate Tribunal referred to under Section 68 N of the NDPS Act. In

the above circumstances, this writ petition has become infructuous.

In the result, this W.P.(Crl.) is dismissed as infructuous.

Sd/-

MARY JOSEPH JUDGE SMA WP(CRL.) NO. 412 OF 2022

APPENDIX OF WP(CRL.) 412/2022

PETITIONER EXHIBITS :-

Exhibit P1 A TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING REG.NO.KL-45-Q-567 HYUNDAI I-20 CAR.

Exhibit P2 A TRUE COPY OF THE NOTICE U/S .67 OF THE NDPS ACT ISSUED TO THE PETITIONER DATED NIL BY THE 2ND RESPONDENT.

Exhibit P3 A DOWNLOADED COPY OF THE FIR IN CRIME NO. 248/2022 OF ANGAMALY POLICE STATION DATED 6.3.2022

Exhibit P4 A TRUE COPY OF THE FREEZING ORDER IN CRIME NO. 248/2022 OF ANGAMALYNPOLICE STATION ISSUED U/S 68F(1) OF NDPS ACT DATED 19.4.2022

Exhibit P5 A TRUE COPY OF THE STATEMENT OF ACCOUNTS SHOWING THE TRANSFER OF RS. 2,65,000/- TO THE ACOOUNT OF THE HUSBAND OFTHE PETITIONER.