REGHU T. P. Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India seeking for the following reliefs :-

(2.) The writ petitioner is the registered owner of a Toyota Innova Car bearing registration No.KL-45-D 8181, which was purchased by the petitioner on a hire purchase scheme from Cholamandalam Finance. Copy of certificate of registration of the vehicle is produced alongwith the petition on hand as Exhibit P1. The vehicle was seized by the police alongwith six accused in Crime No.485/2020 of Vagamon Police Station. The offences alleged are those punishable under Sec. 20(B)IIA, 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') and Ss. 188 and 269 of Indian Penal Code, 1860 (for short 'IPC') and Ss. 5, 4(2)(a) of Kerala Epidemic Disease Ordinance, 2020 and Sec. 51(b) of Disaster Management Act, 2005. When the vehicle of the petitioner was seized, an application was moved under Sec. 451 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C') before Judicial First Class Magistrate Court-I, Peermade (for short 'the court below') and it was dismissed by the court below. Thereafter, the petitioner moved a representation before the 4th respondent, copy of which is produced alongwith as Exhibit P4 but, it was not acted upon by the 4th respondent till date. In the above context, the petitioner has approached this Court seeking for a direction to the 4th respondent to consider Exhibit P4 representation and pass appropriate orders, after granting a reasonable opportunity of being heard.