Rajeev P. vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Sep 30, 2020

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Citation: sooperkanoon.com/1737581
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice B.Sudheendra Kumar
Decided On: Sep 30, 2020
Case Number: Crl.MC/906/2020

Parties & Advocates

Appellant / Petitioner

Rajeev P.

Respondent

State of Kerala

Excerpt

.....concerned within a period of fifteen days from today, raising his claim over the car bearing reg.no.kl-08- ag-7700 owned by the petitioner which was seized in crime no.62/2019 of excise enforcement and anti narcotic special squad,palakkad registered under the narcotic drugs and psychotropic substances act, as submitted by the learned counsel for the petitioner. if any such representation is-3- made by the petitioner, the drug disposal committee concerned, before taking a decision on the disposal of the vehicle, shall grant an opportunity of hearing to the petitioner and pass appropriate orders on the representation made by the petitioner, as expeditiously as possible and at any rate, within two months from the date of submissionof the representation. copy of the orderpassed on the representation made by the petitioner shall be communicated to the petitioner by the drug disposal committee concerned and till such communication ismade, the vehicle shall not be disposed of. sd/- b. sudheendra kumar, judge stk -4- appendix petitioner's/s exhibits: annexure a true copy of the seizure mahazar prepared in crime no. 62/2019 of excise enforcement, and anti narcotic special squad. annexure b true copy of the order dated 13.01.2020 in crl.m.p. no. 2340/2019 in crime no. narcotic special squad of the sessions court palakkad.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR WEDNESDAY, THE 30TH DAY OF SEPTEMBER 2020 / 8TH ASWINA, 1942 AGAINST THE ORDER/JUDGMENT IN CRMP 2340/2019 DATED 13-01-2020 OF SESSIONS COURT, PALAKKAD CRIME NO.62/2019 OF Palakkad E.E & A.N.S.S., Palakkad PETITIONER/S: RAJEEV P., AGED 50 YEARS, S/O. UNNIKRISHNAN THARAYIL HOUSE, KAKKAD, P.O. KUNNAMKULAM, THRISSUR 680 503. BY ADV. SRI.RAJIT RESPONDENT/S: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY SRI.SUMAN CHAKRAVARTHY, SENIOR GOVT.PLEADER THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 30.09.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: -2-

O R D E R

Dismissed as withdrawn. However, in view of the decision of this Court in Smart Logistics (M/s.) Kozhikode v. State of Kerala and others [2020 (5) KHC 139], the petitioner shall be at liberty to make representation to the Drug Disposal Committee concerned within a period of fifteen days from today, raising his claim over the Car bearing Reg.No.KL-08- AG-7700 owned by the petitioner which was seized in Crime No.62/2019 of Excise Enforcement and Anti Narcotic Special Squad,

Palakkad       registered        under      the        Narcotic
Drugs    and    Psychotropic         Substances         Act,    as
submitted       by    the    learned       counsel      for    the
petitioner.          If any such representation is

-3- made by the petitioner, the Drug Disposal committee concerned, before taking a decision on the disposal of the vehicle, shall grant an opportunity of hearing to the petitioner and pass appropriate orders on the representation made by the petitioner, as expeditiously as possible and at any rate, within two months from the date of submission

of the representation. Copy of the order

passed      on   the        representation         made    by     the
petitioner         shall       be        communicated      to     the
petitioner       by     the        Drug    Disposal      Committee
concerned        and        till    such     communication         is

made, the vehicle shall not be disposed of. Sd/- B. SUDHEENDRA KUMAR, JUDGE STK -4- APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A TRUE COPY OF THE SEIZURE MAHAZAR PREPARED IN CRIME NO. 62/2019 OF EXCISE ENFORCEMENT, AND ANTI NARCOTIC SPECIAL SQUAD. ANNEXURE B TRUE COPY OF THE ORDER DATED 13.01.2020 IN CRL.M.P. NO. 2340/2019 IN CRIME NO. NARCOTIC SPECIAL SQUAD OF THE SESSIONS COURT PALAKKAD.

Same Court & Year Kerala Orders · 2020 Same Parties Rajeev P. vs State of Kerala Same Judge Honourable Mr. Justice B.Sudheendra Kumar