The Court dismissed a Criminal Miscellaneous petition seeking return of seized vehicle under Section 52A of NDPS Act. It held the competent authority is the District Disposal Committee, and the petition did not exhaust remedies there.
None granted.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
CRL.MC NO. 645 OF 2021 (A)
AGAINST THE ORDER IN CMP 4314/2020 IN CRIME No.198 OF 2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS, IRINJALAKUDA, THRISSUR
PETITIONER/3rd PARTY:
SRUTHY, AGED 32 YEARS, D/o MOHANAN, VADAKKAYIL HOUSE, CHEEKONNUMMEL WEST P.O., VATAKARA TALUK, KOZHIKODU DISTRICT, REP.BY POWER OF ATTORNEY HOLDER, ROHIT, AGED 28, S/o MOHANAN, VADAKKAYIL HOUSE, CHEEKONNUMMEL WEST P.O., VATAKARA TALUK, KOZHIKODU DISTRICT, PIN-673 507
BY ADV N.L.BITTO
RESPONDENT/STATE OF KERALA:
STATE OF KERALA,
REP BY THE SUB INSPECTOR, IRINJALAKUDA POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM-682 031
BY ADV SRI.SUMAN CHAKRAVARTHY, SENIOR GOVT.PLEADER
BY PUBLIC PROSECUTOR SRI. E.C.BINEESH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02.08.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.645 of 2021
2
ORDER
An application under Section 52A was submitted for getting vehicle before the concerned Magistrate in connection with seizure of vehicle in Crime No.198 of 2020 alleging offence under Section 20(b)(ii)(A) of NDPS Act. The competent authority under Section 52A is the District Disposal Committee, before whom no application was submitted. Without prejudice to the right of party to exhaust the remedy under Section 52A before the competent authority, the present Crl.M.C. is hereby dismissed.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
Crl.M.C.No.645 of 2021
3
APPENDIX OF CRL.MC 645/2021
PETITIONER'S ANNEXURE
ANNEXURE-I A TRUE COPY OF THE SEIZURE MAHAZAR IN CRIME NO.198 OF 2020 OF THE JFCM, IRINJALAKUDA DATED 25.2.2020 ANNEXURE-II A TRUE COPY OF THE CLAIM PETITION CMP NO.4314 OF 2020 FILED BEFORE THE JFCM, IRINJALAKUDA DATED 4/12/2020 ANNEXURE-III A TRUE COPY OF THE ORDER IN CMP NO.4314 OF 2020 PASSED BY JFCM, IRINJALAKUDA DATED 8.12.2020 ANNEXURE-IV A TRUE COPY OF THE POWER OF ATTORNEY ISSUED BY THE PETITIONER DATED 12.3.2020
RESPONDENT'S ANNEXURE NIL
// TRUE COPY //
P.A. TO JUDGE
1 issue framed by the court
Whether an application for return of seized vehicle under Section 52A of NDPS Act can be filed directly before the Magistrate without exhaust remedies before the District Disposal Committee.
Sruthy
State of Kerala
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
