Partly allowed

Aswin Raj.K., v. State of Kerala

Kerala HC15 Sept 2020Crl.MC/1133/2020

Case brief

AI extract

What is this about?

A criminal miscellaneous case where the petitioner challenged a condition requiring deposit of seized vehicle's value as contraband. The court applied a Supreme Court/Tribunal precedent disenthroning magistrates from ordering interim release and directed the respondent to process a Section 52A application.

What did the court decide?

Directed the 2nd Respondent to place Annexure 2 application before the Drugs Disposal Committee within two weeks; Committee to pass appropriate orders within two weeks thereafter.

Aswin Raj.K., Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4

TUESDAY, THE 15TH DAY OF SEPTEMBER 2020 / 24TH BHADRA, 1942

¶5

Crl.MC.No.1133 OF 2020(B)

¶6

AGAINST THE ORDER/JUDGMENT IN CMP 3201/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,KOYILANDY

¶7

CRIME NO.21/2019 OF Koyilandy Excise Range Office , Kozhikode

¶8

PETITIONER:

¶9

ASWIN RAJ K., AGED 20 YEARS, S/O DINAPRAKASH, KUTTIKATTIRI MAKKUTTAM PARAMBA HOUSE, ANNASERI, THALAKULATHOOR, KOYILANDY TALUK, KOZHIKODE DISTRICT.

¶10

BY ADVS. SRI.P.P.BIJU SRI.M.S.DILEEP

¶11

RESPONDENTS:

¶12

1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

¶13

2 DEPUTY EXCISE COMMISSIONER, CIVIL STATION, CIVIL STATION P.O., KOZHIKODE-673 020.

¶14

R1-2 BY PP AMJAD ALI

¶15

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15.09.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶16

Crl.MC.No.1133 OF 2020

¶17

¶18

ORDER

¶19

Dated this the 15th day of September 2020

¶20

This Crl.M.C. filed aggrieved by the

¶21

condition in Annexure III-order, requiring the petitioner to deposit an amount of Rs.1,40,000/(Rupees One Lakh Fourty Thousand Only) towards the value of the vehicle siezed in connection

¶22

with offences registered under the N.D.P.S. Act.

¶23

In view of the decision in Shajahan v. Inspector

¶24

of Excise, ILR 2019(4) Ker 633, Magistrate Courts are denuded of power to order interim release of vehicles from which the contraband is seized.

¶25

The learned counsel for the petitioner submits that Annexure 2-application is pending before the Drugs Disposal Committee, which is

¶26

the appropriate authority under Section 52A the

¶27

N.D.P.S. Act, to take a decision regarding

¶28

release of such vehicles.

¶29

Crl.MC.No.1133 OF 2020

¶30

directing the 2^nd respondentto place Annexure 2 application before the Drugs Disposal Committee within a period of two weeks from the date of

¶31

receipt of copy of this judgment. On the application being placed before the Committee, appropriate orders there on shall not be passed within a period of 2 weeks there after.

Sd/-

V.G.ARUN JUDGE

SSK/15/09

The last sentence of the final order dated

¶36

corrected as per dated 11.11.2020 in Crl.M.A. No. 1/2020 in Crl.M.C. No.1133/2020 as follows:

¶37

'On the application being placed before the

¶38

committee, appropriate orders thereon shall be passed within a period of two weeks thereafter.'

¶39

Sd/DEPUTY REGISTRAR

¶40

ded/17.11.2020

¶41

Crl.MC.No.1133 OF 2020

¶42

¶43

APPENDIX

¶44

PETITIONER'S EXHIBITS:

¶45

ANNEXURE I TRUE COPY REPORT IN EXCISE RAN	OF T CRIME GE.	HE CRIME AND OCCURRENCE NO.21/2019 OF KOYILANDY
ANNEXURE II TRUE COPY SUBMITTED RESPONDENT	OF THE BY THE .	PETITION DATED 22.01.2020 PETITIONER BEFORE THE 2ND
ANNEXURE III TRUE COPY CMP NO.3	OF THE 201/201	ORDER DATED 19.08.2019 IN 9 IN KOYILANDY NDPS
CR.NO.21/1 MAGISTRATE	9 OF COURT,	JUDICIAL FIRST CLASS KOYILANDY.
RESPONDENT'S EXHIBITS:NIL

¶46

SSK //TRUE COPY// PA TO JUDGE

Aswin Raj.K., v. State of Kerala

Case brief

What is this about?

What did the court decide?

Aswin Raj.K., v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Muhammedkutty, Vs State of Kerala

Abdul Majeed Vs State of Kerala

Viswan Vs State of Kerala

Vinod.M.J Vs State of Kerala

Sidharthan Vs State of Kerala

Somavally, Vs the State of Kerala