RAHUL SANTHOSH Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed seeking the following reliefs:

(2.) The material averments in the writ petition can be stated as follows. The petitioner is the registered owner of the motorcycle bearing temporary registration No.KL/36/TEM/2019/ 4551. The aforesaid motorcycle was seized by the Excise Inspector, Vaikom Excise Range in Crime No.35/2019. One P.K.Achu, who is the son of the maternal aunt of the petitioner, is the accused in the aforesaid case. It is understood that the allegation in that case is that eight grams of ganja was seized from the possession of the accused and that the accused committed an offence punishable under Section 20(b)(ii)A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act'). The motorcycle was seized by the excise party on 12.12.2019 and it is kept in the premises of the office of the Vaikom Excise Range, exposed to weather conditions. The petitioner is the sole owner of the aforesaid motorcycle. No other person has got any right over it. The petitioner filed an application as Crl.M.P.No.10183/2019 before the Judicial First Class Magistrate-I, Vaikom under Section 451 Cr.P.C seeking interim custody of the motorcycle. The aforesaid petition was dismissed by the learned Magistrate on 31.12.2019 as per Ext.P1 order. Thereafter, the petitioner approached the second respondent, the Excise Deputy Commissioner, Kottayam with Ext.P2 petition seeking interim custody of the motorcycle. But, the second respondent did not receive the petition on the ground that he had not received any official communication permitting him to consider any petition seeking interim custody of vehicles. Hence, the writ petition seeking the above reliefs.

(3.) Heard learned counsel for the writ petitioner and also the learned Senior Government Pleader.