MOHAMMED RIYAS Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India by the registered owner of a vehicle bearing Registration No.KL-65-F-3366.

(2.) According to the petitioner, he purchased the car from Mr.Muhammed Shameem and the latter at the time of purchase had told that the vehicle is in good condition. But after purchase, some defects were noticed and he had informed the seller. Accordingly, it was taken by Mr.Muhammed Shameem from his custody for repair work. In the midst it was used by him for his own purpose and the Excise Officials seized it for transportation of Ganja. Mr.Muhammed Shameem was made an accused in Crime No.148/2019 registered for the offences punishable under Sec. 8(c) r/w Sec. 20(b)(ii)(A), 22(a) and 43(a) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'). The petitioner came to know about the seizure of the vehicle by Excise Officials later and when enquired, Mr.Muhammed Shameem promised him that the vehicle would be handed over soon.

(3.) The final report in the case is now filed before the Judicial First Class Magistrate Court-II, Mananthavady and numbered as ST No.1687/2019 and the accused was summoned. In the trial held, Mr.Muhammed Shameem and other accused were found guilty and convicted and sentenced for fine of Rs.10,000.00 each under Sec. 8(c) r/w Sec. 20(b)(ii)(A) and Sec. 22(a) of NDPS Act. In default of payment of fine, each of them were directed to undergo simple imprisonment for three months.