Vishnu C.S. vs Union Of India And Ors

The prayers in this Writ Petition are:-

“i. Issue appropriate writ declaring that Section 52A NDPS Act as far as it relates to disposal of conveyances is violative of Articles 14 & 21 of

the Constitution of India.

ii. Issue appropriate writ declaring that the notification G.S.R.38(E), F.No.V/2/2004 NC.II, issued by the Ministry of Finance (Department of

Revenue) dated 16.01.2015, as far as it relates to disposal of conveyances under Section 52A of the NDPS Act is violative of Articles 14 & 21 of the

Constitution of India.

iii. Set aside Ext.P3 order and direct the interim custody of the Motor Cycle bearing registration No.KL40-P-6539 to the petitioner.â€​

The Hon'ble Supreme Court in Union of India v. Mohanlal and another [2016(3) SCC 379] approved the scheme of Section 52A of the Narcotic

Drugs and Psychotropic Substances Act (for short 'the NDPS Act') and the notifications issued thereunder. The Hon'ble Apex Court also issued

direction to all the High Courts to appoint a committee of Judges on the administrative side to supervise and monitor progress made by the respective

States in regard to the compliance with the directions in Mohanlal (supra). In view of the above, the prayer Nos.1 and 2 cannot be allowed.

The petitioner claims to be the registered owner of the vehicle bearing No.KL-40-P-6539 involved in Crime No.41 of 2019 of Excise Range,

Perumbavoor registered under the NDPS Act. The petitioner filed C.M.P. No.21 of 2020 before the court below under Section 451 Cr.P.C. for

releasing the above said vehicle to the interim custody of the petitioner. The court below, as per Ext.P3 order, dismissed the said petition holding that

the Magistrate court had no jurisdiction to entertain the said petition in view of the decision of the Division Bench of this Court in Shajahan v.

Inspector of Excise and others [2019 (5) KHC 401]. In Shajahan (supra), the Division Bench held that the Magistrate court has no jurisdiction to

entertain a petition filed under Section 451 Cr.P.C. in the light of the special provision made under Section 52A of the NDPS Act. In view of the

decision in Shajahan (supra), the court below was justified in passing Ext.P3 order. Therefore, I do not find any reason to set aside Ext.P3 order. In

the said circumstances, the third prayer in this Writ Petition also cannot be granted. Having gone through the relevant inputs, I do not find any merit in

this Writ Petition.

Accordingly, this Writ Petition stands dismissed.