Timely administrative actions on applications concerning the release of seized vehicles under the NDPS Act are essential to uphold legal rights.

JUDGMENT

Dated this the 31st day of August, 2022 This Writ Petition is filed by the petitioner under Article 226 of the Constitution of India seeking for the following reliefs:

“(i) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to release petitioner's vehicle ALTO Car bearing No.KL-59-X-7765 which was taken in to custody in Crime No.81 of 2022 of Ulikkal Police Station, on such terms and conditions this Hon’ble Court may be deemed fit and proper in the circumstances of the case.

(ii) Issue a writ of mandamus or any other appropriate writ or direction, directing the second respondent to consider and pass appropriate orders on Exhibit P5 application submitted by the petitioner after affording an opportunity of hearing to the petitioner;

(iii) An order allowing the petitioner to file the Writ Petition (Civil) with vernacular document and granting time to file English translation of the same as and when it becomes necessary;

(iv) Issue such other writ, order or direction as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

2. The petitioner is the owner of an ALTO Car bearing No.KL-59-X-7765 and a teacher by profession working in Sal Sabeel Public School, Sreekandapuram, Kannur. The Car belonging to the petitioner referred to above was borrowed by her brothers on 03.02.2022 for taking one among them to the hospital. Petitioner handed over the key of the vehicle to her brothers since the request appeared to her is for a genuine purpose. Later it was transpired to her that the car was taken into custody by the 1st respondent, since brothers of the petitioner alongwith one person called Mr.Abhijit, were found in possession of 260 mg of MDMA, which is a prohibited substance under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’). Crime No.81/2022 was registered and after investigation, charge sheet was laid by the 1st respondent before Judicial First Class Magistrate Court, Mattannur. The vehicle was alleged as in the custody of the 1st respondent. True copies of the FIR and Seizure Mahazar in Crime No.81/2022 of Ulikkal Police Station, the statement given by the petitioner in Crime No.81/2022 of Ulikkal Police Station, the communication issued by the Godown Officer, NDPS Godown, Kozhikode dated 23.03.2021 are produced alongwith the petition on hand respectively as Exts.P1 to P4.

3. Since the petitioner has already made an application before the 2nd respondent on 06.08.2022 seeking for a consideration of her prayer to release the vehicle in her interim custody, true copy of which is produced alongwith the petition on hand as Ext.P5 and the contention raised being that it was not acted upon till date, this Court finds that the grievance of the petitioner could be redressed on consideration of Ext.P5 by the 2nd respondent.

Writ Petition (Crl.) stands allowed and the 2nd respondent is directed to consider Ext.P5 application filed by the petitioner and pass appropriate orders in it within a period of ten days from this day.