Kerala High Court: B. Sudheendra Kumar J., allowing the present petition, held, “power conferred on the Drug Disposal Committee is not an arbitrary power and the exercise of it shall be on proper and relevant considerations.”
Vehicle of the petitioner was seized by the police in connection with Crime registered under Sections 22(b) and 22(a) of the Narcotic Drugs and Psychotropic Substances Act and Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015. The petitioner filed representation before the Drug Disposal Committee for the release of the said vehicle to the petitioner. The Drug Disposal Committee, as per the impugned order, dismissed the representation. The grievance of the petitioner is that the petitioner was not granted an opportunity of hearing before passing the said order.
Court placed reliance on Smart Logistics (M/s.) Kozhikode v. State of Kerala, 2020 (5) KHC 139, where it was held that the power conferred on the Drug Disposal Committee is not an arbitrary power and the exercise of it shall be on proper and relevant considerations. It was further held that the Drug Disposal Committee has to hear the person who would be affected by its order on disposal of the conveyance.
While setting aside the impugned order, Court directed the Drug Disposal Committee to pass fresh order on the representation made by the petitioner, in accordance with law, as expeditiously as possible.[Abhijayan v. Union of India, 2021 SCC OnLine Ker 266, decided on 15-01-2021]
Sakshi Shukla, Editorial Assistant has put this story together
“audi alteram partem” is a golden principle of the rule of law which most of the civilized countries of the world have been respecting and following by hearing all the parties to the disputes then rendering the decisions. Tragically in India IAS and PCS appointed as the justices of the Subordinate Courts, 99.99 % make arbitrary decisions on ex parte secret hearings which hearings are contrary to the principles of audi alteram partem, therefore, the decisions are void in law. India must not appoint unskilled IAS and PCS as the justices who are interfering with the Fundamental Rights of the Citizens and irreparably damaging the citizens and the reputation of India around the world.
Respectfully submitted
Ramesh Mishra
Victoria BC Canada