USMAN KUNJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The first petitioner is the owner of Honda Scooter bearing Registration No.KL-29-S-4412. The scooter was purchased and registered in the 1st petitioner's name on 25/11/2020, evidenced by Annexure A certificate of registration. The 2nd petitioner is the 1st petitioner's wife. The petitioners are aggrieved by Annexure-C notice of the Inspector, Cherupulassery Police Station, proposing to confiscate the 1st petitioner's scooter by exercising the power under Sec. 68F of the NDPS Act. The notice is issued on the premise that the scooter was purchased by utilizing the proceeds of the narcotic deals of the petitioners' son, who is an accused in Crime No.446/2025 registered at the Cherupulassery Police Station for offences punishable under Ss. 20(b)(ii)C, 25 and 29 of the NDPS Act.

(2.) The learned Counsel for the petitioners submitted that the accused boy son was aged only 19 years as on the date of registration of Crime No.446/2025 and 14 years in 2020, when the scooter was purchased. As such, the scooter cannot be proceeded against on the premise that it is illegally acquired property.

(3.) The learned Public Prosecutor referred to Sec. 68F of the NDPS Act to point out that the power vested with the officer conducting investigation can be exercised if he has reason to believe that any property in relation to which an enquiry or investigation is being conducted is an illegally acquired property.