M.T.SOMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) From the endorsement in the application it is convinced that notice is already served on the accused. The averments of the petitioner was that the empowered officer has seized 800 gms of Hashish oil on 6/7/2015 from the possession of the accused under the provisions of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'). A Hero Honda CD-Deluxe motor cycle bearing registration number KL-42-D-5214 which was used by the accused for the transportation of the seized narcotic drug was also seized from his possession. Representative samples weighing 90 gms were drawn from the contraband seized and 710 gms of Hashish oil remaining was deposited with Court of Sessions, Ernakulam on 8/7/2015. Additional Court of Sessions No.V, Ernakulam, where the trial was held in the case, vide judgment passed on 30/3/2019 had convicted the accused for an offence punishable under Sec. 8(c) read with Ss. 20(b)(ii)(B) and Sec. 28 of the NDPS Act and sentenced him to undergo rigorous imprisonment for five years and pay a fine of Rs.1,00,000.00. There was also a direction in the judgment to confiscate the conveyance as per the rules.

(2.) Appeal has been preferred before this Court as Crl.Appeal No.506/2019 against the judgment passed as above and that is pending consideration of this Court. It is stated that the Additional Sessions Court No.V, Ernakulam has passed an order in Crl.M.P.No.16/2021 filed by the petitioner on 12/1/2021 granting permission for disposal of the seized contraband as well as the vehicle. Since the judgment is assailed and the appeal is pending consideration of this Court, permission of this Court is sought for disposal of the contraband and the vehicle.

(3.) The appeal having been seized of and pending consideration, permission is granted to the petitioner for disposal of the contraband and vehicle referred to above, after complying with procedural formalities made mandatory by Sec. 52A NDPS Act.