Ramla vs State Of Kerala
2023 Latest Caselaw 6311 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                THE HONOURABLE MR.JUSTICE V.G.ARUN
      MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945
                     WP(CRL.) NO. 369 OF 2021
PETITIONER/S:
           RAMLA
           AGED 43 YEARS
           D/O ABBUBAKKER, RESIDING AT ERIYAL PARAMBIL,
           NAMBIYARKUNNU, CHEERAL, WAYANAD DISTRICT-673 595
           BY ADVS.
           M.KIRANLAL
           MANU RAMACHANDRAN
           R.RAJESH (VARKALA)
           T.S.SARATH
           SAMEER M NAIR
           V.M.VISHNU MOHAN
           GEETHU KRISHNAN
           HARSHA SUSAN SAM


RESPONDENT/S:
     1     STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA-
           682 031.
     2     EXCISE CIRCLE INSPECTOR,
           OFFICE OF THE EXCISE CIRCLE INSPECTOR, CHERTHALA,
           ALAPPURZHA-688 531.
     3     THE SUB-REGISTRAR, SUB-REGISTRARS OFFICE
           SULTHAN BETHERY, WAYANAD DISTRICT-673 592.
     4     THE VILLAGE OFFICER,
           CHEERAL VILLAGE OFFICE, WAYANAD-673 592.
     5     ADDL.R5. COMPETANT AUTHORITY SAFEMA AND NDPS
           64/1, SUCONS SIVAGAMI SQUARE, USTAV BUILDING 147/1,
           GOPATHI NARAYANASWAMI CHETTY ROAD PARTHASARATHIPURAM, T
           NAGAR, CHENNAI TAMILNADU- 600017 ADDL.R5 IS IMPLEADED
           AS PER ORDER DATED 29/07/2022 IN IA 1/2022 IN
           WP(CRL)369/2021
           BY ADV SUVIN R MENON


OTHER PRESENT:
           PP M.C ASHI


     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
12.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(Crl) NO. 369 of 2021
                                    2

                                 JUDGMENT

Dated this the 12th day of June, 2023

Proceedings under Section 68F(1) of the Narcotic Drugs and

Psychotropic Substances Act ('the NDPS Act' for short) was initiated

against the petitioner's property on the premise that it was purchased

illegally. The freezing order issued under Section 68F(1) (Ext.P4) is

challenged on the ground that the order was not confirmed within 30

days, as mandated in Section 68F(2) of the NDPS Act.

2.When the matter was taken up for consideration, learned Central

Government Counsel submitted on instructions that, the order of

confirmation was issued on 22.12.2012, within the thirty days period. In

view of the above submission, the challenge raised in this writ petition

fails.

The writ petition is hence dismissed, without prejudice to the

petitioner's right to challenge the order of confirmation in the manner

provided under the NDPS Act.

Sd/-

V.G ARUN JUDGE

SJ W.P(Crl) NO. 369 of 2021

APPENDIX OF WP(CRL.) 369/2021

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE SALE DEED NO 4732/2009 Exhibit P2 A TRUE COPY OF THE SALE DEED NO 4733/2009 Exhibit P3 A TRUE COPY OF THE SALE DEED NO 4212/2009 Exhibit P4 A TRUE COPY OF THE ORDER DATED 24.10.20012 ISSUED BY THE EXCISE CIRCLE INSPECTOR Exhibit P5 A RUE COPY OF THE ENCUMBRANCE CERTIFICATE ISSUED BY THE SUB-REGISTRAR OFFICE SULTHAN BETHERY DATED 29.10.2021 W.P(Crl) NO. 369 of 2021

APPENDIX OF CON.CASE(C) 1968/2022

PETITIONER ANNEXURES Annexure1 TRUE COPY OF THE INTERIM ORDER DATED 02.09.2022W.P.(C) NO. 28676/2022 Annexure A2 TRUE COPY OF THE REPRESENTATION/REQUEST DATED 11.10.2022 ADDRESSED TO THE FIRST RESPONDENT Annexure A3 TRUE COPY OF THE REPRESENTATION/ REQUEST DATED 11.10.2022 SUBMITTED BY THE 1ST PETITIONER ADDRESSED TO THE 2ND RESPONDENT Annexure A4 TRUE COPY OF THE REPRESENTATION/ REQUEST DATED 11.10.2022 SUBMITTED BY THE 2ND PETITIONER ADDRESSED TO THE 2ND RESPONDENT