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2020 Supreme(Ker) 898

R.NARAYANA PISHARADI
Rahul Santhosh – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : C.Y. Vinod Kumar, C. Anilkumar (Kallesseril), P.M. Manash, Jain Varghese & Nadeem Ahamed Resheed
For the Respondent: Suman Chakravarthy (Sr. Government Pleader)

JUDGMENT

This writ petition is filed seeking the following reliefs:

    i. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 3rd respondent to give interim custody of the Motor Cycle bearing temporary registration No.KL/36/TEM/2019/4551 to the petitioner.

ii. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to accept and pass orders on Ext.P2 petition.

iii. Grant such other and further relief as this Hon'ble Court deems fit and proper to grant in the facts and circumstances of this case.”

2. The material averments in the writ petition can be stated as follows. The petitioner is the registered owner of the motorcycle bearing temporary registration No.KL/36/TEM/2019/4551. The aforesaid motorcycle was seized by the Excise Inspector, Vaikom Excise Range in Crime No.35/2019. One P.K.Achu, who is the son of the maternal aunt of the petitioner, is the accused in the aforesaid case. It is understood that the allegation in that case is that eight grams of ganja was seized from the possession of the accused and that the accused committed an offence punishable under Section 20(b)(ii)A of the Narcotic Drugs

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