Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY, THE 8TH DAY OF MARCH 2023 / 17TH PHALGUNA, 1944 WP(CRL.) NO. 226 OF 2023 CRIME NO.420/2022 OF HEMAMBIKA NAGAR POLICE STATION, PALAKKAD PETITIONER:
BIJU PEETHAMBARAN AGED 49 YEARS S/O. PEETHAMBARAN, KIZHAKKEKUTTIYIL HOUSE, INDUSTRIAL ESTATE, PUTHUPARIYARAM, PALAKKAD, PIN – 678 731.
BY ADV V.A.VINOD RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001.
2 STATION HOUSE OFFICER HEMAMBIKA NAGAR POLICE STATION, PALAKKAD, PIN – 678 009.
3 THE COMPETENT AUTHORITY OF SMUGGLERS AND FOREIGN EXCHANGE MANIPULATORS UTSAV BUILDING, 64/1, G.N. CHETTY ROAD, T. NAGAR, CHENNAI, PIN – 600 617.
4 THE REGIONAL FORENSIC SCIENCE LABORATORY RAMAVARMAPURAM, THRISSUR, REPRESENTED BY ITS DIRECTOR, PIN – 680 631.
SRI. RENJITH GEORGE – SR. PP SRI. S. MANU – DSGI SRI. SUVIN R. MENON - CGC THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 08.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(Crl.) NO.226 OF 2023 2 JUDGMENT Dated this the 08th day of March, 2023 The challenge in this writ petition is against the action taken under Sections 68A (d) and 68F of the NDPS Act for freezing the petitioner’s bank accounts, landed property and vehicle, based on the crime registered against petitioner’s son under Section 22 (b) of the NDPS Act.
2.
When the matter came up for admission, the learned Central Government Counsel was directed to get instructions as to whether Ext.P3 proceedings dated 05.01.2023 was confirmed within thirty days, as mandated under Section 68F (2) of the Act.
3.
The learned Central Government Counsel on instructions, submits that, Ext.P3 proceedings was not confirmed within thirty days.
W.P.(Crl.) NO.226 OF 2023 3 As per Section 68F (2) any order made under sub- section (1) of Section 68F will not have effect unless the order is confirmed by the competent authority within thirty days. As such Ext.P3 proceedings has lapsed and the petitioner’s grievance does not subsist.
The writ petition is closed, accordingly.
Sd/- V.G.ARUN JUDGE SPR
W.P.(Crl.) NO.226 OF 2023 4 APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1 TRUE COPY OF THE FINAL REPORT IN SC NO.
1081/2022 ON THE FILES OF IIIRD ADDITIONAL DISTRICT AND SESSIONS COURT, PALAKKAD.
EXHIBIT P2 THE
CERTIFICATE
ISSUED
TO
THE PETITIONER'S SON FROM THE PRESIDENCY UNIVERSITY DATED 26.11.2022.
EXHIBIT P3 TRUE COPY OF THE ORDER SERVED FROM THE OFFICE OF THE 2ND RESPONDENT TO THE PETITIONER DATED 07.01.2023.
EXHIBIT P4 TRUE COPY OF THE REGISTRATION CERTIFICATE UNDER GST DATED 18.04.2018.
EXHIBIT P5 TRUE COPY OF THE LATEST TAX RETURN ACKNOWLEDGEMENT FOR THE YEAR 2022-23 OF THE PETITIONER.
EXHIBIT P6 TRUE COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE BEARING REGN NO.KL 09-T-2534.
EXHIBIT P7 TRUE COPY OF THE STATEMENT OF ACCOUNT IN RESPECT OF ACCOUNT NO.40263111000399 HELD WITH KERALA GRAMIN BANK FROM 01.02.2019 TO 20.02.2023.
RESPONDENTS EXHIBITS: NIL.