Allowed

Ansar v. State of Kerala

Kerala HC10 Aug 2021WP(C)/2423/2021

Case brief

AI extract

What is this about?

Writ petition filed by a vehicle owner seeking interim custody of his vehicle allegedly used in an NDPS offense. The High Court of Kerala allowed the petition and directed the District Drugs Disposal Committee to dispose of the custody application within three months.

What did the court decide?

Writ petition allowed; direction to Second Respondent to dispose of custody application within three months.

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

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WP(C) No. 2423 OF 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 10^TH DAY OF AUGUST 2021 / 19TH SRAVANA, 1943 WP(C) NO. 2423 OF 2021

PETITIONER/:

ANSAR

AGED 31 YEARS

S/O. ABUBACKER, RESIDING @ PUTHENVILA VEETIL, AYATHIL CHERRY, VADAKKEVILA, KOLLAM.

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BY ADV R.KISHORE (KALLUMTHAZHAM)

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RESPONDENTS:

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1 STATE OF KERALA

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TO BE REPRESENTED SECRETARY, HOME AND VIGILANCE, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 CHAIRMAN

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DISTRICT DRUGS DISPOSAL COMMITTEE, THIRUVANANTHAPURAM-695 001.

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3 EXCISE INSPECTOR EXCISE OFFICE, AMARAVILA CHECK POST, THIRUVANANTHAPURAM-695 122.

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4 RASHEEDA

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RESIDING @ BISMI HOUSE, KADATHOOR P.O., THAZHAVA, KARUNAGAPALLY-635 303.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.08.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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WP(C) No. 2423 OF 2021

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JUDGMENT

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An application was submitted by a person claimed to be in possession of the vehicle without the juncture of its registered owner for interim custody in connection with the commission of an alleged crime under the provisions of the NDPS Act. Though the registered owner was made as a co-respondent in the writ petition, in the application (Ext.P3), he is not a party. That question is left open for consideration. There will be a direction to the second respondent to dispose of Ext.P3 application

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within a time schedule of three months from today.

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Writ petition is allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE

al/-

WP(C) No. 2423 OF 2021

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APPENDIX OF WP(C) 2423/2021

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PETITIONER EXHIBITS

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EXHIBIT P1 THE TRUE COPY OF THE LEASE DEED DATED 29.10.2019 EXECUTED BY THE 4TH RESPONDENT IN FAVOUR OF THE PETITIONER

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EXHIBIT P2 THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE NUMBERED AS KL-26 A-3222 OF THE VEHICLE.

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EXHIBIT P3 THE TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE DRUGS DISPOSAL COMMITTEE DATED 18TH JANUARY 2021.

Ansar v. State of Kerala

Case brief

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Ansar v. State of Kerala

Case brief

What is this about?

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