Nijin Nelson C vs the Circle Inspector of Excise

Nijin Nelson C vs The Circle Inspector of Excise

Type Court Judgment Court Kerala Decided Jan 03, 2023

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https://sooperkanoon.com/case/1367067

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Citation: sooperkanoon.com/1367067
Court: Kerala High Court
Judge: Honourable Mrs. Justice Mary Joseph
Decided On: Jan 03, 2023
Case Number: WP(Crl.)/551/2022

Parties & Advocates

Appellant / Petitioner

Nijin Nelson C

Respondent

The Circle Inspector of Excise

Excerpt

.....in favour of the petitioner and therefore, the relief sought is only to be discarded.wp(crl.) no.551 of 2022 3 3. the apex court has recently held in sainaba v. state of kerala [2022 (7) khc 273 (sc)] that the special court isempowered to exercise jurisdiction to grant interim custody of the vehicle, on imposition of terms and conditions to be determined by it. the context being so, this court is inclined to direct the writ petitioner to approach the court having jurisdiction for getting the relief.in the result, writ petition (crl.) is disposed of with a direction to the petitioner to prefer an application under section 457 of the code of criminal procedure, 1973 before the court having jurisdiction seeking to grant interim custody of the vehicle pending inquiry and trial of the case, in which it stands seized. on such an application being filed, the court concerned shall pass orders for grant of the vehicle in interim custody subject to imposition of terms and conditions as it deems fit, within a period of two weeks from the date of filing of the application.sd/- mary joseph judge mjl wp(crl.) no.551 of 2022 4 appendix of w.p.(crl.)no.551 of 2022 petitioner’s exhibits: exhibit p1: true copy of the registration certificate dated 05.04.2018 exhibit p2: true copy of the remand report in ndps crime no.48/2020 on the file of jfcm, chavakkad dated 18.11.2020 exhibit p3: true copy of application dated 24.05.2022. exhibit p4: true copy of the order passed by the 2nd respondent dated 01.06.2022 respondents’ exhibits: nil true copy pa to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE MARY JOSEPH TUESDAY, THE 3RD DAY OF JANUARY 2023 / 13TH POUSHA, 1944 WP(CRL.) NO. 551 OF 2022 PETITIONER: NIJIN NELSON C, AGED 36 YEARS, S/O. NELSON C.V., CHERUVATHOOR HOUSE, P.O.ENAMAKKAL, VENKITANGU, THRISSUR DISTRICT, PIN-680510. BY ADVS. SRI.N.J.JOHNSON SRI.T.K.AJITH KUMAR RESPONDENTS:
1. THE CIRCLE INSPECTOR OF EXCISE, EXCISE ENFORCEMENT & NARCOTIC SPECIAL SQUAD, AYYANTHOL (PO), THRISSUR DT. PIN:680003.
2. NDPS DRUGS & CONVEYANCE DISPOSAL COMMITTEE THRISSUR, REPRESENTED BY ITS CHAIRMAN, THE DEPUTY EXCISE COMMISSIONER, AYYANTHOL (PO), THRISSUR DT.PIN:680003 BY PUBPLIC PROSECUTOR SRI.DENNIS DEVASSY THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 03.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl.) No.551 of 2022 2

JUDGMENT

Dated this the 3rd day of January, 2023 The Writ Petitioner has approached this Court challenging an order passed by NDPS Drugs and Conveyance Disposal Committee, Thrissur represented by Deputy Excise Commissioner, Thrissur informing him that the vehicle is not liable to be granted in his interim custody since proceedings have been initiated to dispose it.

2. Petitioner is the Registered Owner of a Wagon-R Car

bearing Registration No.KL-46-S-760 but, it has no involvement in NDPS Crime No. 48/2020 registered by Excise Enforcement and Narcotic Special Squad, Thrissur. Some other person is the culprit. The petitioner approached the NDPS Drugs and Conveyance Disposal Committee in whose custody the vehicle is now, seeking for it’s interim custody. The Drug Disposal Committee informed the petitioner about their inability to grant interim custody of the vehicle and therefore, the Writ Petition on hand is moved. The Drug Disposal Committee is not empowered to grant interim custody of the vehicle in favour of the petitioner and therefore, the relief sought is only to be discarded.

WP(Crl.) No.551 of 2022             3
        3.     The Apex Court has recently held in Sainaba V. State
  of Kerala    [2022 (7) KHC 273 (SC)] that the Special Court is

empowered to exercise jurisdiction to grant interim custody of the vehicle, on imposition of terms and conditions to be determined by it. The context being so, this Court is inclined to direct the Writ Petitioner to approach the court having jurisdiction for getting the relief.

In the result, Writ Petition (Crl.) is disposed of with a direction to the petitioner to prefer an application under Section 457 of the Code of Criminal Procedure, 1973 before the court having jurisdiction seeking to grant interim custody of the vehicle pending inquiry and trial of the case, in which it stands seized. On such an application being filed, the court concerned shall pass orders for grant of the vehicle in interim custody subject to imposition of terms and conditions as it deems fit, within a period of two weeks from the date of filing of the application.

Sd/- MARY JOSEPH JUDGE MJL WP(Crl.) No.551 of 2022 4 APPENDIX OF W.P.(CRL.)NO.551 OF 2022 PETITIONER’S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 05.04.2018 EXHIBIT P2: TRUE COPY OF THE REMAND REPORT IN NDPS CRIME NO.48/2020 ON THE FILE OF JFCM, CHAVAKKAD DATED 18.11.2020 EXHIBIT P3: TRUE COPY OF APPLICATION DATED 24.05.2022. EXHIBIT P4: TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 01.06.2022 RESPONDENTS’ EXHIBITS: NIL TRUE COPY PA TO JUDGE

Same Court & Year Kerala · 2023 Same Parties Nijin Nelson C vs The Circle Inspector of Excise Same Judge Honourable Mrs. Justice Mary Joseph