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Sabir Vs The State of Kerala,

Sabir vs The State of Kerala,

Type Court Judgment Court Kerala Orders Decided Feb 20, 2023
~2 min read
https://sooperkanoon.com/case/1408743

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Citation
Court
Kerala Orders High Court
Judge
Decided On
Case Number
Crl.MC/9287/2022

Parties & Advocates

Appellant / Petitioner

Sabir

Respondent

The State of Kerala,

Excerpt

in the high court of kerala at ernakulampresent the honourable mr.justice v.g.arun monday, the 20th day of february 2023 / 1st phalguna, 1944 crl.mc no. 9287 of 2022 petitioner: sabir, aged 28 years s/o abu, velappilakayil house, thannithura, velliyankode, ponnani, ponnani taluk, malappuram district 679579, pin - 679579 by advs. cherian mathew poothicote george g.poothicote ajith villy george respondent: the state of kerala, represented by the public prosecutor, high court of kerala, ernakulam, pin - 682031 other present: pp m.c.ashi this criminal misc. case having come up for admission on 20.02.2023, the court on the same day passed the following:orderdated this the 20th day of february, 2023this crl.m.c. is filed apprehending that the petitioner's vehicle, seized in connection with crime no. 178 of 2022 of perumpadappu police station registered for the offences punishable under sections 20(b)(ii)a and 22(b) of the narcotic drugs and psychotropic substances act, will be confiscated and sold by the drug disposal committee.2. learned public prosecutor submits on instructions that nodecision has been taken by the drug disposal committee and further action in terms of section 52a of the ndps act will be taken only after receipt of fsl report. in view of the above submission, the petitioner's apprehension stands allayed. the crl.m.c. is closed reserving the petitioner's right to approach the appropriate court/forum. in order to provide such opportunity to the petitioner, the drug disposal committee is directed not to sell the petitioner's vehicle for one month. sd/-v.g.arun judge sb appendix of crl.mc 9287/2022 petitioner annexures annexure a1 a true copy of the fir no. 178/2022 dated malappuram annexure a2 a true copy of decision held by the hon'ble ndps disposal committee has been produced herewith and marked dated 7/11/2022

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 20TH DAY OF FEBRUARY 2023 / 1ST PHALGUNA, 1944 CRL.MC NO. 9287 OF 2022 PETITIONER: SABIR, AGED 28 YEARS S/O ABU, VELAPPILAKAYIL HOUSE, THANNITHURA, VELLIYANKODE, PONNANI, PONNANI TALUK, MALAPPURAM DISTRICT 679579, PIN - 679579 BY ADVS. CHERIAN MATHEW POOTHICOTE GEORGE G.POOTHICOTE AJITH VILLY GEORGE RESPONDENT: THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 OTHER PRESENT: PP M.C.ASHI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.02.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 20th day of February, 2023

This Crl.M.C. is filed apprehending that the petitioner's vehicle, seized in connection with Crime No. 178 of 2022 of Perumpadappu Police Station registered for the offences punishable under Sections 20(b)(ii)A and 22(b) of the Narcotic Drugs and Psychotropic Substances Act, will be confiscated and sold by the Drug Disposal Committee.

2. Learned Public Prosecutor submits on instructions that no

decision has been taken by the Drug Disposal Committee and further action in terms of Section 52A of the NDPS Act will be taken only after receipt of FSL report. In view of the above submission, the petitioner's apprehension stands allayed. The Crl.M.C. is closed reserving the petitioner's right to approach the appropriate court/forum. In order to provide such opportunity to the petitioner, the Drug Disposal Committee is directed not to sell the petitioner's vehicle for one month. Sd/-

V.G.ARUN JUDGE sb APPENDIX OF CRL.MC 9287/2022 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE FIR NO. 178/2022 DATED MALAPPURAM Annexure A2 A TRUE COPY OF DECISION HELD BY THE HON'BLE NDPS DISPOSAL COMMITTEE HAS BEEN PRODUCED HEREWITH AND MARKED DATED 7/11/2022

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