SMART LOGISTICS Vs. STATE OF KERALA

JUDGEMENT

(1.) A lorry, worth lakhs of rupees, which is owned by the petitioner firm by name M/s.Smart Logistics, is under the threat of disposal by the State under the provisions of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short 'the Act'). The reason is that the driver of the lorry had kept 120 grams of ganja in the cabin of the lorry.

(2.) The writ petitioner is a partnership firm conducting transport and parcel services. The petitioner firm is the owner of the lorry bearing the registration number KL-11/BL-6372. This vehicle was intercepted and searched by the police. It was then found that the driver had kept 120 grams of ganja in the cabin of the lorry. The police seized the ganja and the lorry and registered a case against the driver under Section 20(b)(ii)(A) of the Act. The vehicle was produced before the Judicial First Class Magistrate-I, Vatakara. The petitioner filed an application under Section 451 of the Code of Criminal Procedure, 1973 (for short 'the Code') for granting interim custody of the vehicle to it. The application was dismissed by the learned Magistrate as per Ext.P2 order. Thereafter, the petitioner has filed this writ petition.

(3.) The reliefs sought in the writ petition, after its amendment, are the following: