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2025 DAILYLAW 4361 (KER)

SHEEJA M v. SUPERINTENDENT OF POLICE

WP(C)/9694/2025 · 2025-03-28

Kauser Edappagath

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(C) No. 9694 of 2025 ..1.. 2025:KER:26838 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 9694 OF 2025 PETITIONER: SHEEJA M AGED 46 YEARS, WIFE OF SHAFI, CHARUVILA PUTHEN VEEDU, VANDITHADAM, PUTHUSSERIMUKKU POST, KALLAMBALAM, THIRUVANANTHAPURAM DISTRICT, PIN - 695605 BY ADVS. AKHIL SUSEENDRAN AISWARYA V.S. RESPONDENTS: 1 SUPERINTENDENT OF POLICE THIRUVANANTHAPURAM RURAL, DISTRICT POLICE CHIEF OFFICE, PMG, THIRUVANANTHAPURAM, PIN - 695033 2 THE STATION HOUSE OFFICER AYIROOR POLICE STATION, AYIROOR POST VARKALA,TH , THIRUVANANTHAPURAM, PIN - 695310 SRI.M.P. PRASANTH, PP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 9694 of 2025 ..2.. 2025:KER:26838 J U D G M E N T The petitioner is the mother of accused No.2 in a crime registered for the offences under the Narcotic Drugs and Psychotropic Substances Act (for short, 'the NDPS Act'). The petitioner claims to be the owner of a Royal Enfield Classic vehicle bearing registration No.KL-02-AX-4534. According to the petitioner, the said vehicle is in the illegal custody of the 2nd respondent, presumably in connection with the above crime. It is in these circumstances, she has approached this Court to give a direction to the 1st and 2nd respondents to release the vehicle. 2. I have heard Sri.Akhil Suseendran, the learned counsel for the petitioner and Sri.M.P.Prasanth, the learned Public Prosecutor. The learned Public Prosecutor on instructions submits that the bike referred to in the writ petition was seized by Ayiroor police in connection with Crime No.711 of 2022, W.P.(C) No. 9694 of 2025 ..3.. 2025:KER:26838 which was registered for the offence under Sections 22(c), 27A and 29 of the NDPS Act by preparing a seizure mahazar. It was produced before the Judicial First Class Magistrate Court-I, Varkala and kept with the court as T-930 of 2022. Hence, the remedy open to the petitioner is to approach the concerned Court by filing application for the release of the vehicle. Reserving the said liberty, this writ petition is dismissed. Sd/- DR. KAUSER EDAPPAGATH JUDGE APA W.P.(C) No. 9694 of 2025 ..4.. 2025:KER:26838 APPENDIX OF WP(C) 9694/2025 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO. 711/2022 OF AYIROOR POLICE STATION UNDER SECTIONS 22 (C), 27(A) AND 29 OF THE NDPS ACT PENDING AS SC NO. 2630/2023 BEFORE THE COURT OF ADDITIONAL DISTRICT AND SESSIONS JUDGE-II, THIRUVANANTHAPURAM EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL 02 AX 4534 EXHIBIT P3 THE TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER TO 1ST RESPONDENT DATED 07.03.2025 EXHIBIT P4 TRUE COPY OF REPRESENTATION TO 2ND RESPONDENT DATED 07.03.2025