Saifudheen v. Additional Director, Directorate Of Revenue

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 29TH DAY OF JUNE 2015/8TH ASHADHA, 1937 WP(C).No. 30285 of 2014 (I) -------------------------------------- PETITIONER(S):

----------------------- SAIFUDHEEN, S/O. MANU, POOKKAKILLATH HOUSE, PERUMENU, KEEZHERRY P.O., TRICHUR DISTRICT.

BY ADV. SRI.P.K.ANIL RESPONDENT(S):

-------------------------

1. ADDITIONAL DIRECTOR, DIRECTORATE OF REVENUE INTELLIGENCE, XIV, PALARIVATTOM, COCHIN, THE COMPETENT AUTHORITY UNDER THE NDPS ACT, REP. BY ITS SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

2. THE DEPUTY SUPERINTENDENT OF POLICE, CBCID, OCW III, SUB UNIT, THRISSUR.

3. STATE OF KERALA, REP. BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

* ADDITIONAL R4 IMPLEADED

4. THE COMPETENT AUTHORITY AND ADMINISTRATOR, SAFEM (FOP) AND NDPS ACT, UTSAV, NO.64/1, G.N.SHETTY ROAD, T.NAGAR, CHENNAI 17, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, GOVERNMENT OF INDIA.

* ADDL.R4 IS IMPLEADED AS PER ORDER DATED 24.02.2015 IN IA 2594/15. R1 BY ADV. SRI.C.P.UDAYABHANU R2 & R3 BY ADV. SRI.ASIF ALI, DIRECTOR GENERAL OF PROSECUTION R4 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-06-2015 ALONG WITH WP(C) 3995/2015, THE COURT ON 29-06-2015, DELIVERED THE FOLLOWING:

msv/

WP(C).No. 30285 of 2014 (I) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 - TRUE COPY OF THE ORDER IN CRLM.C 3401/14 BEFORE THIS HON'BLE COURT. P2 - TRUE COPY OF THE REPRESENTATION SENT BY THE PETITIONER BEFORE THE COMPETENT AUTHORITY DT. 08.11.14.

P3 - TRUE COPY OF THE STATEMENT FILED BY THE DEPUTY SUPERINTENDENT OF POLICE DTD.16.6.2014.

P4 - TRUE COPY OF THE ORDER IN CRL.M.P.1734/14 OF SESSIONS JUDGE, THRISSUR 11.6.2014 P5 - TRUE COPY OF THE ORDER DTD.19.2.2015 CONFIRMING THE ORDER OF THE 2ND RESPONDENT F NO.OCA/MDS/3/2015-NDPS/226.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- EXT.R4(a): TRUE COPY OF THE LETTER IN F.NO.OCAMDS/4/2014-NDPS DTD.20.6.2014 ISSUED FROM THE OFFICE OF THE COMPETENT AUTHORITY. EXT.R4(b): TRUE COPY OF THE STATEMENT DTD.17.10.2014 & ITS TRUE ENGLISH TRANSLATION.

EXT.R4(c): TRUE COPY OF ORDER NO.D5/8355/13 DTD.23.1.2013 ISSUED BY STATE POLICE CHIEF, KERALA.

EXT.R4(d): TRUE COPY OF ORDER NO.7/1644/CR/2013 DTD.5.2.2013 ISSUED BY ADDL. DIRECTOR GENERAL OF POLICE, (CRIMES).

EXT.R4(e): TRUE COPY OF ORDER NO.564/OCWIII/PKD DTD.8.2.2013 ISSUED BY SUPDT. OF POLICE ORGANISED CRIME WING-III.

//TRUE COPY// P.S.TO JUDGE Msv/

A. MUHAMED MUSTAQUE, J.

=============================== W.P.(C). No. 30285 of 2014 ================================= Dated this the 28th day of November, 2014

JUDGMENT

Petitioner seeking a direction to the 1st respondent to release the articles seized from the petitioner on 19.12.2012. The petitioner submits that he has approached this court in an earlier occasion, in Crl.M.C 3401/2014. Ext.P1 is the judgment. This Court directed that legality of the seizure can be raised by the petitioner before the competent authority, and the competent authority has to consider the same before passing an order of forfeiture. According to the petitioner, 1st respondent is the competent authority under Chapter V (A) of NDPS Act. Petitioner submits that the 1st respondent so far has not taken any action, even though he has made request. The learned counsel appearing for the 1st respondent submits that, they have no objection in releasing the articles based on an execution of a 'Kaichit'

-2W.P.(C). No. 30285 of 2014 and furnishing security.

2.

In view of the above, there shall be a direction to the Principal Session's Court, Thrissur, to release the articles to the petitioner by furnishing security by way of depositing title deeds of immovable properties, and also executing simple bond with two sureties.

Needful shall be done within a period of one week from the date of receipt of a copy of this judgment. Sd/- A. MUHAMED MUSTAQUE JUDGE das