Disposed

Fidvi Fazal v. State of Kerala

Kerala HC1 Mar 2021Crl.MC/571/2021

Case brief

AI extract

What is this about?

Criminal Miscellaneous No. 571 of 2021, in which the petitioner sought release of a seized vehicle alleged to be used for narcotic conveyance. The Court directed the Drug Disposal Committee to consider the petitioner's application to dispense with personal appearance within one month.

What did the court decide?

Directed the Drug Disposal Committee to consider Annexure A1 representation and pass orders within one month.

Fidvi Fazal 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 V.G.ARUN

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MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942

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Crl.MC.No.571 OF 2021(B)

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CRIME NO.375/2019 OF Manjeswar Police Station , Kasargod

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PETITIONER/S:

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FIDVI FAZAL AGED 21 YEARS S/O. FAZALUDHEEN OLIYATH APARTMENT 7B, JAWAHAR E1 CASTILLO, JAWAHAR NAGAR, KADAVANTHRA, COCHIN-682020.

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BY ADVS. SRI.RAHUL SASI SMT.NEETHU PREM

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RESPONDENT/S:

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1 STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2 STATION HOUSE OFFICER, MANJESHWAR POLICE STATION, KASARGOD DISTRICT-671323.

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3 THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES AND CONVEYANCES DISPOSAL COMMITTEE (DRUG DISPOSAL COMMITTEE), KASARAGOD DISTRICT-671121, REPRESENTED BY ITS CHAIRMAN.

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R1-3 BY SRI.SUMAN CHAKRAVARTHY, SENIOR GOVT.PLEADER

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OTHER PRESENT:

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SR.PP.S.SAJU WITH DGP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.571 OF 2021(B)

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O R D E R

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Dated this the 1^st day of March, 2021

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The petitioner is the owner of the car bearing Registration Number Kl 43-M 5073, seized by the Manjeshwar Police, alleging that the vehicle was used for conveyance of Narcotic drugs. The petitioner has filed Annexure-A1 representation before the Drug Disposal Committee seeking release of vehicle. The prayer in this Crl.M.C is for expeditious consideration and disposal of Annexure A1 representation. According to the petitioner, his vehicle was not used for conveying narcotic drugs and therefore, the dictum laid down by this Court in M/s smart logistics, Kozhikode V. State of Kerala [ 2020(5) KHC 139] will be applicable.

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2.The learned Senior Public Prosecutor submits, on instructions, that the Drug Disposal Committee is prepared to consider Annexure- A1 and pass orders thereon. The petitioner expresses his inability to appear in person before the Drug Disposal Committee and seeks a direction to dispense with his personal appearance.

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The petitioner can make an application before the

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Crl.MC.No.571 OF 2021(B)

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Committee for dispensing with his personal appearance and it is for the Committee to take a decision thereon.

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The Crl. M.C is hence disposed of, directing the 3^rd respondent to consider and pass orders on Annexure A1 representation within a period of one month from the date of receipt of a copy of this order.

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Sd/- V.G ARUN JUDGE

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Crl.MC.No.571 OF 2021(B)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1

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THE TRUE COPY OF THE APPLICATION DATED 16.11.2020 PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Fidvi Fazal v. State of Kerala

Case brief

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Fidvi Fazal v. State of Kerala

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