Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943 CRL.MC NO. 645 OF 2021 (A) AGAINST THE ORDER IN CMP 4314/2020 IN CRIME No.198 OF 2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS, IRINJALAKUDA, THRISSUR PETITIONER/3rd PARTY: SRUTHY, AGED 32 YEARS, D/o MOHANAN, VADAKKAYIL HOUSE, KOZHIKODU DISTRICT, REP.BY POWER OF ATTORNEY HOLDER, ROHIT, AGED 28, S/o MOHANAN, VADAKKAYIL HOUSE, KOZHIKODU DISTRICT, PIN-673 507 BY ADV N.L.BITTO RESPONDENT/STATE OF KERALA: STATE OF KERALA, REP BY THE SUB INSPECTOR, IRINJALAKUDA POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM-682 031
BY ADV SRI.SUMAN CHAKRAVARTHY, SENIOR GOVT.PLEADER BY PUBLIC PROSECUTOR SRI. E.C.BINEESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02.08.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.No.645 of 2021 2
ORDER
An application under Section 52A was submitted for getting vehicle before the concerned Magistrate in connection with seizure of vehicle in Crime No.198 of 2020 alleging offence under Section 20(b)(ii)(A) of NDPS Act. The competent authority under Section 52A is the District Disposal Committee, before whom no application was submitted. Without prejudice to the right of party to exhaust the remedy under Section 52A before the competent authority, the present Crl.M.C. is hereby dismissed. Sd/- P.SOMARAJAN JUDGE DMR/- Crl.M.C.No.645 of 2021 3 APPENDIX OF CRL.MC 645/2021 PETITIONER'S ANNEXURE ANNEXURE-I A TRUE COPY OF THE SEIZURE MAHAZAR IN CRIME NO.198 OF 2020 OF THE JFCM, IRINJALAKUDA DATED 25.2.2020 ANNEXURE-II A TRUE COPY OF THE CLAIM PETITION CMP NO.4314 OF 2020 FILED BEFORE THE JFCM, IRINJALAKUDA DATED 4/12/2020 ANNEXURE-III A TRUE COPY OF THE ORDER IN CMP NO.4314 OF 2020 PASSED BY JFCM, IRINJALAKUDA DATED 8.12.2020 ANNEXURE-IV A TRUE COPY OF THE POWER OF ATTORNEY ISSUED BY THE PETITIONER DATED 12.3.2020 RESPONDENT'S ANNEXURE NIL // TRUE COPY // P.A. TO JUDGE