Faisal C.S vs State Of Kerala
2023 Latest Caselaw 8099 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
        MONDAY, THE 31ST DAY OF JULY 2023 / 9TH SRAVANA, 1945
                        WP(C) NO. 23266 OF 2023
PETITIONER:

           FAISAL C.S
           S/O SYED MUHAMMED, AGED 38 YEARS,
           CHERUVIL PURAYIDOM HOUSE, VENKALLOOR POST,
           KAITHAKODE, THODUPUZHA, IDUKKI DISTRICT,
           PIN - 685608
           BY ADV LATHEESH SEBASTIAN


RESPONDENTS:

    1      STATE OF KERALA
           REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
           THIRUVANANTHAPURAM, PIN - 695001
    2      DISPOSAL COMMITTEE UNDER THE NDPS ACT
           THIRUVANANTHAPURAM,
           REPRESENTED BY JOINT EXCISE COMMISSIONER,
           EXCISE DIVISION OFFICE, FORT P.O,
           THIRUVANANTHAPURAM, PIN - 695023
    3      EXCISE INSPECTOR
           EXCISE ENFORCEMENT & ANTI NARCOTIC SPECIAL SQUAD,
           FORT P.O, THIRUVANANTHAPURAM, PIN - 695023
           BY ADV GOVERNMENT PLEADER
           M P PRASANTH - GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 23266 of 2023
                                          2


                              JUDGMENT

Dated this the 31st day of July, 2023

This writ petition (Civil) has been filed under Article 226

of the Constitution of India, and the prayers therein are as under:

"1. Call for the entire records relating to Ext.P1 to P3 from the respondents,

2. Issue a writ of mandamus or any other writ, order or direction to the respondents 2 and 3 not to dispose the vehicle bearing Reg No.KL-38H-6292 involved in Crime No.6/2021 of Excise Circle Office, Thiruvananthapuram before issuing notice to the petitioner and granting opportunity to the petitioner raise objection against disposal of vehicle by the 2 nd respondent;

3. Exempt the petitioner from producing the English translation of vernacular documents produced along with the writ petition;

4. Such other relief that this Honorable court may deem fit to render justice to the Petitioner;"

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. The grievance that has been advanced by the learned

counsel for the writ petitioner, who is alleged to be the owner of W.P.(C) No. 23266 of 2023

vehicle bearing registration No.KL-38H-6292 is that no notice was

issued by the 2nd respondent to the petitioner, before disposal of

the vehicle. Therefore, an opportunity of hearing may be provided

to the petitioner before the disposal of the same, is the short

prayer now pressed into.

4. The learned Government Pleader submitted that if a

petition will be filed at the instance of the petitioner to consider his

objection in the matter of confiscation, the same can be

considered and orders on merits can be passed in accordance with

law.

5. In view of the submission of the learned Government

Pleader, the petitioner is directed to file a petition raising his

objection before the 2nd respondent within a period of fifteen days

from today. On receipt of the same, the 2 nd respondent is directed

to give an opportunity of hearing to the petitioner and pass orders

on merits in accordance with law.

Accordingly, the writ petition stands disposed of.

Sd/-

A. BADHARUDEEN SK JUDGE W.P.(C) No. 23266 of 2023

APPENDIX OF WP(C) 23266/2023

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE OF THE PETITIONER EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE PETITIONER EXHIBIT P3 TRUE COPY OF THE MAHAZAR PREPARED BY THE 3RD RESPONDENT IN CONNECTION WITH THE REGISTRATION OF CRIME DATED 08.05.2021 EXHIBIT P4 TRUE COPY OF THE ORDER OF THE SESSIONS COURT, THIRUVANANTHAPURAM IN CRL.MP NO.1550/2021 DATED 02.11.2021

RESPONDENTS' EXHIBITS: NIL