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2022 Supreme(Online)(KER) 58268

HIGH COURT OF KERALA
JAILABDEEN.S – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
['C P PEETHAMBARAN', '', 'P A SHYNA', 'THUSHAR NIRMAL SARATHY']

JUDGMENT

nd Dated this the 2 day of March, 2022 Following reliefs are sought in the writ petition filed by the petitioner, who is the registered owner of a vehicle bearing Registration No.TN-37-BW-9820.

“(i) Call for the records connecting Exhibit P-6 order dated 31.08.2021 from the 2nd respondent and quash Exhibit P-6 order by issuing a Writ of Certiorari or any other appropriate Writ, Order or Direction;

(ii) Issue a Writ of Mandamus or any other appropriate Writ Order or direction, directing 2nd respondent to give Interim custody of the vehicle bearing Reg.No.TN-37-BW-9820 to the petitioner as applied vide Exhibit P-5 application forthwith on any condition that may be imposed by this Hon'ble Court.

(iii) Grant such other reliefs as deem fit and proper by this Hon'ble Court in the facts and circumstances of the case.”

2. According to the petitioner, he is in no way connected with the transaction, based on which the crime was registered. He bought the vehicle on higher purchase scheme from Sundaram Finance Ltd. and instalments towards purchase price of the vehicle is still pending with them. After seizure of the vehicle in NDPS Crime No.6/2021, the vehicle was lying idle in an open pl

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