Dismissed

Muhammed Shafi v. State of Kerala

Kerala HC13 Jul 2021Crl.MC/1193/2021

Case brief

AI extract

What is this about?

Petitioner, registered vehicle owner, sought disposal under s. 482 Cr.P.C. in NDPS case. Court directed respondents to submit vehicle to Drug Disposal Committee and obtain chemical analysis report immediately for final disposal on merits.

What did the court decide?

Direction to respondents to hand over seized vehicle to District Drug Disposal Committee and obtain chemical analysis report on priority.

Muhammed Shafi Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.SOMARAJAN

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TUESDAY, THE 13^TH DAY OF JULY 2021 / 22ND ASHADHA, 1943

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CRL.MC NO. 1193 OF 2021

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PETITIONER:

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MUHAMMED SHAFI, AGED 30 YEARS, S/O.SOOPY, AYATT HOUSE, ORKKATTERI P.O. ERAMALA AMSOM, ORKKATTERI DESOM VADAKARA TALUK, KOZHIKODE-673 501.

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BY ADV U.K.DEVIDAS

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RESPONDENTS/STATE & COMPLAINANT:

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

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2 DEPUTY EXCISE COMMISSIONER, (CHAIRMAN & DRUGS DISPOSAL COMMITTEE), EXCISE DIVISION OFFICE, CIVIL STATION, KOZHIKODE-673 020.

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BY ADV E.C.BINEESH, PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

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13.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Crl.M.C. No.1193 of 2021

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O R D E R

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The petitioner, the registered owner of the

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vehicle seized in connection with the commission of

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an alleged NDPS offence, came up u/s 482 Cr.P.C.

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2. Though the vehicle was handed to the District Drug Disposal Committee, later on it was taken back on the reason that the registration particulars from the State wherein it was registered, were not obtained and that the chemical analysis report yet to be received.

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3. Today when the matter came up for consideration, the learned Public Prosecutor submitted that they have collected all details pertaining to the registration of the vehicle but

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the chemical analysis report yet to be received, which is relevant and a material factor to be taken into consideration while disposing the vehicle by the District Drug Disposal Committee.

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Hence there would be a direction to the

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Crl.M.C. No.1193 of 2021

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party respondent to hand over the vehicle immediately to the District Drug Disposal Committee and to take necessary steps for obtaining the chemical analysis report on a priority basis. Drug

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Disposal Committee after getting all these documents, shall consider the application made by the petitioner on merit and dispose of the matter as expeditiously as possible.

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With that observation, the Crl.M.C is hereby dismissed.

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Sd/P.SOMARAJAN JUDGE

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Crl.M.C. No.1193 of 2021

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APPENDIX

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PETITIONER'S ANNEXURES:

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ANNEXURE 1 CERTIFIED COPY OF THE OCCURRENCE REPROT DATED 28.11.2020 IN VATAKARA EXCISE NDPS CRIME NO. 06/2020. ANNEXURE II CERTIFIED COPY OF THE MAHAZAR DATED 28.11.2020 IN VATAKARA EXCISE NDPS CRIME ON 06/2020. ANNEXURE III TRUE COPY OF THE PETITIONER DATED 19.01.2021 IN VATAKARA EXCISE NDPS CRIME NO.06/2020. ANNEXURE IV CERTIFIED COPY OF THE REGISTRATION CERTIFICATE OF CAR BEARING REGISTRATION NO.TS-07/HC6062 SUED BY THE TELUNGANA STATE TRANSPORT DEPARTMENT. ANNEXURE V CERTIFIED COPY OF THE RELEVANT PAGE OF MUNUTES BOOK OF BOOTHWISE CONVENTION OF JANAKEEYA MUNNANI OF 14TH WARD OF ERAMALA GRAMA PANCHAYATH. ANNEXURE VI CERTIFIED COPY OF THE INSURANCE POLICY OF CAR BEARING ENGLISH NO.CWX193706, ISSUED BY LIBERTY GENERAL INSURANCE LIMITED. ANNEXURE VII TRUE COPY OF PETITION DATED 25.01.2021 WITHOUT ANNEXURES IN VATAKRA EXCISE NDPS CRIME NO. 06/2020. ANNEXURE VIII TRUE COPY OF THE LETTER DATED 08.02.2021 ISSUED BY THE SECOND RESPONDENT IN VATAKRA EXCISE NDPS CRIME NO. 06/2020.

Muhammed Shafi v. State of Kerala

Case brief

What is this about?

What did the court decide?

Muhammed Shafi 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

Statutes considered

Parties & counsel

Coram

Case details

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