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2023 Supreme(Online)(KER) 6343

HIGH COURT OF KERALA
MARY JOSEPH, J
ABBAS P. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.V.V.NANDAGOPAL NAMBIAR SMT.SMITHA (EZHUPUNNA) SMT.CHITRA JOHNSON

JUDGMENT

Dated this the 08th day of February, 2023 This Writ Petition is filed under Article 226 of the Constitution of India seeking for the following reliefs:

“i) Issue Writ of certiorari or any other appropriate writ or direction calling for records relating to Exhibit P6 and quash the same.

ii) To hold that 2nd respondent has no authority to detain petitioner’s vehicle in the absence of a confiscation order iii) To stay the disposal of petitioner’s vehicle Hundayi i- 20 car bearing Registration no:KL 11 BM 3534 iv) To direct the 2nd respondent to release Hundayi i-20 car bearing registration no:KL 11 BM 3534: to the petitioner forthwith v) To hold that the provisions in Exhibit P7 notification is illegal and arbitrary in so far as it does not provide the provision for release of vehicle to the registered owner vi) Grant such other further reliefs as may be prayed for and which this Hon’ble Court deems fit.”

2. The petitioner is the registered owner of a Hyundai i-20 Car bearing Registration No.KL 11 BM 3534 which was seized in Crime No.82/2022 registered at Valappad Police for an offence punishable under Section 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act, 1

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