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Alan Antony Thomas vs the Assistant Excise Officer

Alan Antony Thomas vs The Assistant Excise Officer

Type Court Judgment Court Kerala Decided Jun 17, 2021
~2 min read
https://sooperkanoon.com/case/1645831

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(C)/12327/2021

Parties & Advocates

Appellant / Petitioner

Alan Antony Thomas

Respondent

The Assistant Excise Officer

Excerpt

.....other present: g.p. sri. m.r.dhanil this writ petition (civil) having come up for admission on 17.06.2021, the court on the same day delivered the following: ..2..judgmentheard the learned counsel for the petitioner and the learned public prosecutor.2. this writ petition is filed seeking a writ of mandamus directing the first respondent for speedy disposal of ext.p3 application within a time limit.3. the petitioner was arrested in ndps case withsmall quantity substance by the 2 nd respondent and released on bail. the vehicle which is a scooter seized is still in the custody of the 2nd respondent. the petitioner filed an application before the 1st respondent who is the authorised officer to release the vehicle. however, noorder is passed thereon, so far.4. having regard to the facts and circumstancesinvolved, it is just and proper to direct the 1 st respondent for speedy disposal of exhibit p-3. in the result, this writ petition is disposed of directing the 1st respondent to consider and pass orders ..3.. on exhibit p-3 application within a period of two weeks from the date of receipt of a copy of this judgment.sd/- n.anil kumar, judge kkj ..4.. petitioner's exhibits exhibit p1- true copy of the crime and occurrence report of excise office ernakulam range exhibit p2- true copy of the rc book of the vehicle bearing no.kl43 l 5096 exhibit p3- true copy of the application of the petitioner before the 1st respondent dated 20.02.2021

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE N.ANIL KUMAR THURSDAY, THE 17TH DAY OF JUNE 2021 / 27TH JYAISHTA, 1943 WP(C) NO. 12327 OF 2021 PETITIONER/S: ALAN ANTONY THOMAS AGED 21 YEARS, S/O THOMAS, PUTHANPURAKAL HOUSE, PALLURUTHY, KOCHI BY ADVS. GEORGE RENOY C.K.PREM RAJ RESPONDENT/S:

1. THE ASSISTANT EXCISE OFFICER (CHAIR PERSON) DRUG DISPOSAL COMMITTEE) ERNAKULAM RANGE, EXCISE ZONAL COMPLEX, KACHERIPADY, ERNAKULAM

2. THE CIRCLE INSPECTOR, EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, ERNAKULAM, EXCISE ZONAL COMPLEX, KACHERIPADY, ERNAKULAM OTHER PRESENT: G.P. SRI. M.R.DHANIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..

JUDGMENT

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

2. This writ petition is filed seeking a writ of mandamus directing the first respondent for speedy disposal of Ext.P3 application within a time limit.

3. The petitioner was arrested in NDPS case with

small quantity substance by the 2 nd respondent and released on bail. The vehicle which is a scooter seized is still in the custody of the 2nd respondent. The petitioner filed an application before the 1st respondent who is the authorised officer to release the vehicle. However, no

order is passed thereon, so far.

4. Having regard to the facts and circumstances

involved, it is just and proper to direct the 1 st respondent for speedy disposal of Exhibit P-3. In the result, this Writ Petition is disposed of directing the 1st respondent to consider and pass orders ..3.. on Exhibit P-3 application within a period of two weeks from the date of receipt of a copy of this judgment.

Sd/- N.ANIL KUMAR, JUDGE kkj ..4.. PETITIONER'S EXHIBITS EXHIBIT P1- TRUE COPY OF THE CRIME AND OCCURRENCE REPORT OF EXCISE OFFICE ERNAKULAM RANGE EXHIBIT P2- TRUE COPY OF THE RC BOOK OF THE VEHICLE BEARING NO.KL43 L 5096 EXHIBIT P3- TRUE COPY OF THE APPLICATION OF THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 20.02.2021

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