Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE MARY JOSEPH MONDAY, THE 7TH DAY OF FEBRUARY 2022 / 18TH MAGHA, 1943 WP(CRL.) NO. 77 OF 2022 PETITIONER: SHYAMALA.N.V, AGED 53 YEARS W/O NARAYANAN K.V, NADUVILE VEETIL, KUNNARU, KARANTHAD, RAMANTHALI.P.O, KANNUR DT, KERALA 670 308, KANNUR, PIN - 670308. BY ADV.SRI.PINTO FREDARIC RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR ADVOCATE GENERAL OFFICE, ERNAKULAM ERNAKULAM, PIN - 682031 2 CHAIRMAN, DISTRICT DRUG DISPOSAL COMMITTIE KASARGOD, PIN-671324 BY SRI.SANAL P RAJ, PUBLIC PROSECUTOR THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 07.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 07th day of February, 2022 This Writ Petition is filed by the registered owner of a HYUNDAI i20 SPORTZ 1.4 DSL BS-IV car bearing registration No.KL-59-J-5828. According to her, the vehicle was seized by Manjeswaram Police in a Crime bearing No.147/2021 following seizure of 142 Kg of Ganja and 27.5 gm of MDMA therefrom. The contraband seized has already been produced before the court concerned and have been handed over to the District Level Drug Disposal Committee.
2. According to the petitioner she has no involvement in
the offences alleged in the crime. According to her, she has moved an application before the Drug Disposal Committee in whose custody the vehicle is at present, the copy of which is appended to the petition on hand. It was found upon a perusal of the same that it was filed before the Drug Disposal Committee as early as in the month of July, 2021. The grievance of the petitioner was that though it was filed sufficiently earlier, the Drug Disposal Committee, Karsargod has not granted an opportunity to her to submit her contentions and to pass an
order.
3. The 2nd respondent is liable to hear the contentions of
the petitioner and consider those prior to passing of any order
thereunder. The representation was filed sufficiently earlier on
22.07.2021. The Chairman of the District Drug Disposal Committee, Kasaragod shall issue notice to the writ petitioner in the representation filed by her on 22.07.2021, to appear and submit her contentions and shall pass an order meeting all her contentions reasonably within a period of one month from the date of receipt of a copy of the judgment there.
With the above observations, this Writ Petition is disposed of. Sd/- MARY JOSEPH JUDGE NAB
APPENDIX OF WP(CRL.) 77/2022 PETITIONER’S EXHIBITS: EXHIBIT P1 KERALA POLICE LETTER NO.U5/46416/2020/PHQ CIRCULAR NO.17/2020 DATED 7/5/2020 ISSUED FROM KERALA POLICE CHIEF EXHIBIT P2 PREVIOUS REGISTRATION DOCUMENT OF KL-59- J-5828 SRTO THALIPARAMBA DATED EXHIBIT P3 OWNERSHIP TRANSFER CERTIFICATE SRTO PAYYANUR DATED 31/03/2021 EXHIBIT P4 INSURANCE CERTIFICATE UIIC DATED EXHIBIT P5 PHOTO COPY OF POLICE COMPLAINT TO DYSP PAYYANUR DATED 6/03/2021 EXHIBIT P6 ORDER OF HIGH COURT IN CRL.M.C.NO.3033/2021 DATED 12/07/2021 EXHIBIT P7 REPRESENTATION SUBMITTED BEFORE THE DISTRICT DRUG DISPOSAL AUTHORITY DATED DIRECTION IN CRL.M.C 3033/2021. EXHIBIT P8 POSTAL RECEIPT DATED 30/07/2021 IN WHICH REPRESENTATION POSTED TO THE DRUG DISPOSAL COMMITTEE.
RESPONDENT’S EXHIBITS: NIL //TRUE COPY// P A TO JUDGE