Kerala High Court Permits Advocate To Collect Personal Belongings Of Foreign National Awaiting Deportation After Being Acquitted Of Charges Under NDPS Act

The foreign national approached the High Court seeking the release of his articles including documents like passport, certificate of vaccination, driving license, and currency notes which were seized at the time of arrest and were retained with the Sessions Court, Ernakulam.

A single bench of Justice Bechu Kurian Thomas directed the Sessions Court to hand over all the personal articles of the Foreign National to his Advocate. It said:

“Since the petitioner has appeared online and has personally authorised Adv. Niharika Hema Raj, to collect the articles on his behalf, this Court is of the view that circumstances have arisen to invoke the inherent jurisdiction of this Court to accord sanction to the counsel for the petitioner to receive the articles on his behalf and to handover the same to the petitioner.”

The petitioner, a citizen from El Salvador was indicted for offences under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act). The Sessions Court, Ernakulam acquitted him and he is currently placed in a transit centre till he is deported from India. The Sessions Court had directed for the return of all the personal articles, however, it was submitted that he was unable to collect them since he was placed in a transit centre and could not move around anywhere in India.

The petitioner who appeared online before the Court authorized his Advocate Niharika Hema Raj to collect all his personal articles on his behalf. The Advocate submitted that she was willing to accept the materials of the petitioner on behalf of him even though she had not filed a vakalatnama and was appearing based on a memo of appearance.

The Court thus permitted the Advocate to collect his personal articles from the Sessions Court. It directed the Advocate to hand over all the personal articles to the petitioner after obtaining endorsement from the authorized personnel at the transit centre.

“In the above circumstances, the Session Court, Ernakulam is directed to handover all the articles, materials, and currency notes specified in its order dated 06-12-2023 in Crl.M.P. No.5390/2023 in S.C.No.921/2018 to Adv. Niharika Hema Raj immediately. On receipt, the Advocate shall hand over all those articles to the petitioner after obtaining endorsement from the 4th respondent at the Transit Centre at Mayyanadu, Kottiyam, at the earliest, at any rate, before the petitioner departs from India on 31-01-2024.”

Counsel for the Respondents: Public Prosecutor Noushad K A

Citation: 2024 LiveLaw (Ker) 68

Case title: Jhonny Alexander Duran Sola v State of Kerala

Case number: CRL.MC NO. 786 OF 2024

Click Here To Read/Download The Order