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 place exposed to all type of weather conditions. According to the learned counsel, vehicle will be damaged on being exposed to diverse weather conditions for a prolonged time. The petitioner approached the 2nd respondent and obtained a reply dated 31.08.2021 from him, which is produced alongwith the petition on hand as Ext.P6. It was informed that the vehicle is not in their custody and only when it reaches their custody, representation of the petitioner would be considered. In the above circumstances that the petitioner approached this Court seeking for the reliefs extracted hereinabove.

3. This Court has obtained a report from the learned Public Prosecutor. The learned Public Prosecutor has obtained a statement from the Deputy Commissioner of Excise, Thrissur, who is the Chairman of NDPS Drugs and Conveyance Disposal Committee, Thrissur, wherein the vehicle was reported as kept in the premises of Excise Circle Officer, Thrissur. According to her, so far proceedings for confiscation has not been initiated, since the registration particulars of the vehicle are not obtained from Coimbatore, Tamil Nadu, wherein the vehicle was registered.

Therefore, this Court is inclined to allow the writ petition in part and to issue a direction to the 3rd respondent, in whose custody the vehicle is now to initiate immediate steps as directed by the provisions of the NDPS Act to avoid causing of further damages to the vehicle due to exposure to sunlight and rain. The 3rd respondent shall initiate steps to forward the vehicle for further steps to the 2nd respondent and on receiving custody of it by the latter, the representation of the petitioner shall be considered and appropriate order shall be passed in it, after affording him reasonable opportunity of being heard on his contentions in the matter, within a period of one month from the date on which custody of the vehicle is received by it.

Sd/-

MARY JOSEPH JUDGE spk APPENDIX OF WP(CRL.) 137/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING NO.

TN - 37 -BW - 9820.

Exhibit P2 TRUE COPY OF THE NATIONAL PERMIT NO.

66/TN37/NP/2012 OF THE VEHICLE BEARING REG.NO. TN-38-BW-9820.

Exhibit P3 TRUE COPY OF OCCURRENCE REPORT FILED IN NDPS CRIME NO. 6/2021 OF THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF LIST OF THONDY ARTICLE AND LIST OF VALUABLES FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT III, THRISSUR FOR SEIZING THE VEHICLE.

Exhibit P5 TRUE COPY OF APPLICATION DATED

11.08.2021 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P6 TRUE COPY OF THE ORDER DATED 31.08.2021 OF THE 2ND RESPONDENT.

RESPONDENT'S/S EXHIBITS : NIL