Akshaykumar V., vs the Chairman,

Akshaykumar V., vs The Chairman,

Type Court Judgment Court Kerala Decided Sep 30, 2021

~4 min read

https://sooperkanoon.com/case/1665154

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1665154
Court: Kerala High Court
Judge: Honourable Mrs. Justice Mary Joseph
Decided On: Sep 30, 2021
Case Number: WP(C)/16874/2021

Parties & Advocates

Appellant / Petitioner

Akshaykumar V.,

Respondent

The Chairman,

Excerpt

.....in the crime had taken the vehicle from the house of the petitioner without his permission and knowledge while he was not even available there. he was at bangalore at the relevant time in connection with his job. narrating the above facts, he approached the 1st respondent on 12.03.2021 andpreferred a representation, true copy of which is produced alongwith as ext.p2. without applying it’s mind to the facts, the 1st respondent dismissed the representation byorder dated 14.06.2021, true copy of which is producedalongwith as ext.p3. as revealed from the fir, the contraband items were seized from the pocket of the accused and not from the vehicle. according to the petitioner, the conveyance is liable for confiscation only when it has been involved in the transportation of any narcotic drugs/psychotropic substances or controlled substance. the 1st respondent has also stated in ext.p3 that he is not in a position to consider the representation in view of the mandate under section 52a of the ndps act to dispose it.4. aggrieved thereby, the petitioner approachedthis court by filing wp(c) no.13844/2021, which has been dismissed by an order passed on 13.07.2021, reserving the right of the petitioner to approach the chairman (district police chief) district drug disposal committee, true copy of which is produced alongwith as ext.p4.5. thus, the petitioner has approached the chairman, (district police chief) district drug disposalcommittee. the district police chief has expressed his inability to entertain the application for the reason that the procedural formalities required have not been completed by the 1st respondent. in the meantime, the accused pleaded guilty before the court and was imposed with fine. the accused paid the fine amount and the prosecution against him has been put to an end. but the grievance of the petitioner that till date, the chairman (district police chief) district drug disposal committee has not considered his.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE MARY JOSEPH THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943 WP(C) NO. 16874 OF 2021 PETITIONER: AKSHAYKUMAR V., AGED 22 YEARS, S/O. RAJKUMAR V., 32/203, AYYANKUZHY, NILAMPARAMBU, KALLAYI P.O., KOZHIKODE-673003. BY ADVS. SANISH C.R. KARTHIK S.A AGHIL RAJ K. RESPONDENTS: 1 THE CHAIRMAN, DISTRICT NDPS DISPOSAL COMMITTEE, OFFICE OF THE DEPUTY EXCISE COMMISSIONER, MEENANGADI, WAYANAD DISTRICT-673591. 2 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695001. 3 THE SECRETARY TO THE GOVERNMENT, EXCISE DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695001. GP SRI M.P.PRASANTH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 30th day of September, 2021

This writ petition is filed under Article 226 of the Constitution of India by the writ petitioner, who is the registered owner of a bike bearing registration No.KL-11- BT-0042 (Royal Enfield Himalayan) allegedly involved in Crime No.22/2020 registered for offences punishable under Section 20(b)(ii)(A) read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the ‘NDPS Act’) by Kalpatta Excise Circle, Wayanad district.

2. The petitioner is not an accused in the crime and the vehicle was purchased by him by availing a bank loan of which EMIs were paid regularly till the outbreak of Covid-19 pandemic. After that, he failed to repay few EMIs. The true copy of the RC book of the vehicle is produced alongwith as Ext.P1.

3. The accused persons in the crime had taken the vehicle from the house of the petitioner without his permission and knowledge while he was not even available

   there.     He was at Bangalore at the relevant time in
   connection with his job.        Narrating the above facts, he
   approached       the   1st   respondent   on    12.03.2021   and

preferred a representation, true copy of which is produced alongwith as Ext.P2. Without applying it’s mind to the facts, the 1st respondent dismissed the representation by

order dated 14.06.2021, true copy of which is produced

alongwith as Ext.P3. As revealed from the FIR, the contraband items were seized from the pocket of the accused and not from the vehicle. According to the petitioner, the conveyance is liable for confiscation only when it has been involved in the transportation of any narcotic drugs/psychotropic substances or controlled substance. The 1st respondent has also stated in Ext.P3 that he is not in a position to consider the representation in view of the mandate under Section 52A of the NDPS Act to dispose it.

4. Aggrieved thereby, the petitioner approached

this Court by filing WP(C) No.13844/2021, which has been dismissed by an order passed on 13.07.2021, reserving the right of the petitioner to approach the Chairman (District Police Chief) District Drug Disposal Committee, true copy of which is produced alongwith as Ext.P4.

5. Thus, the petitioner has approached the Chairman, (District Police Chief) District Drug Disposal

Committee. The District Police Chief has expressed his inability to entertain the application for the reason that the procedural formalities required have not been completed by the 1st respondent. In the meantime, the accused pleaded guilty before the court and was imposed with fine. The accused paid the fine amount and the prosecution against him has been put to an end. But the grievance of the petitioner that till date, the Chairman (District Police Chief) District Drug Disposal Committee has not considered his application was not redressed with for the reason that the 1st respondent has not yet completed the procedural formalities and conveyed the vehicle to him. According to the petitioner, only when a direction is issued to expedite the proceedings before the 1 st respondent, his grievance could be redressed.

6. This Court finds that the prosecution against the accused in Crime No.22/2020 is put to an end after recording the plea of guilt of the accused and payment of the fine amount imposed by the court.

In the above circumstances, this Writ Petition is disposed of with a direction to the 1 st respondent to expedite the formalities to be completed regarding the vehicle bearing No.KL-11-BT-0042 seized in crime No.22/2020 and to convey the same to the Chairman (District Police Chief) District Drug Disposal Committee to enable him to consider the representation at the earliest, not later than 2 months from this day.

Sd/- MARY JOSEPH JUDGE JJ

APPENDIX OF WP(C) 16874/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RC BOOK OF THE BIKE (ROYAL ENFIELD HIMALAYAN) BEARING REGISTRATION NO.KL- 11-BT-0042. EXHIBIT P2 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED EXHIBIT P3 TRUE COPY OF THE ORDER DATED 14/06/2021 BEARING NO. W-5-888/21 PASSED BY THE 1ST RESPONDENT. EXHIBIT P4 THE CERTIFIED COPY OF THE JUDGMENT DATED

Same Court & Year Kerala · 2021 Same Parties Akshaykumar V., vs The Chairman, Same Judge Honourable Mrs. Justice Mary Joseph