Madras High Court
Ragul.M vs State By on 28 February, 2024
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.R.C.No.2025 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.02.2024
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.R.C.No.2025 of 2023
Ragul.M ... Petitioner
Vs.
State by
The Inspector of Police,
PEW-Gummidipoondi Police Station,
Tiruvallur District.
[Crime No.35/2023] ... Respondent
PRAYER: Criminal Revision Petition filed under Sections 397 and 401 of
Criminal Procedure Code, to call for the records and set aside the order
dated 08.11.2023 of the learned Special Court under EC and NDPS Court at
Chennai in Crl.MP.No.6664 of 2023 and to direct the respondent to return
the vehicle viz., Hero Splender bearing registration No.TN-05-CB-3526
Engine No.HA11EYL5K14146 and Chassis No.MBLHAW124L5K92889
to the petitioner in Crime No.35 of 2023 pending on the file of the
respondent.
For Petitioner : Mr.M.Suriya
For Respondent : Mr.C.E.Pratap
Government Advocate (Crl. Side)
Page No.1 of 8
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.2025 of 2023
ORDER
The petitioner is the owner of the two wheeler Hero Splender Motor cycle bearing Registration No.TN-05-CB-3526 which was seized by the respondent Police in Crime No.35 of 2023 for offences under Sections 8(c) r/w 20(b)(ii)(B) and 25 of the NDPS Act. The petitioner filed a petition seeking return of property in Crl.M.P.No.6664 of 2023 before the learned Principal Special Judge, Principal Special Court under EC & NDPS Act, Chennai. The learned Principal Special Judge, by order, dated 08.11.2023 dismissed the return of property petition, against which, the present revision has been filed.
2.The contention of the petitioner is that the petitioner has been falsely implicated in this case as though he was smuggling 1.200 kgs of ganja in his bike. Further, the case projected against him is that he went to the State of Andhra Pradesh, procured the contraband and he was intercepted by the respondent police and contraband was seized. The petitioner has got no bad antecedents. The petitioner purchased his bike by Page No.2 of 8 https://www.mhc.tn.gov.in/judis Crl.R.C.No.2025 of 2023 availing private finance and used the vehicle for his avocation. Further, the petitioner purchased the vehicle from one Ranjith Kumar but he had not transferred the registration certificate in his name. It is further submitted that he has got necessary documents viz., Form-29, Form-30 and he shall produce the vehicle before the concerned RTO and get the registration certificate transferred in his name after the vehicle is returned and thereafter, he shall submit the self attested photostat copy of the registration certificate with an affidavit giving the details of transfer of registration certificate in his name. Now the vehicle is kept in open space exposing to vagaries of weather, further detention would make the vehicle unusable, rusted and it would become a scrap. Hence, he prays for return of property.
3.The Government Advocate (Crl. Side) appearing for the respondent Police filed a counter and submitted that on 22.01.2023 at about 11.00 hours, when the then Sub-Inspector of Police was on station duty, he received secret information about the illegal sale of ganja. Then he along with the Police team went to the place of occurrence, i.e., Thachur Junction Road, Gummidipoondi, at that time, they intercepted the two wheeler Hero Page No.3 of 8 https://www.mhc.tn.gov.in/judis Crl.R.C.No.2025 of 2023 Splendor bearing registration No.TN-05-CB-3526, conducted search and found that the accused in possession of 1.200 kgs of ganja. The Police team arrested the accused, recorded confession statement and the contraband was seized along with two wheeler and mobile phone under seizure mahazar in presence of witnesses. Thereafter, an FIR in Crime No.35 of 2023 for offence under Sections 8(c), 20(b)(ii)(B) and 25 of the NDPS Act against the accused registered on 22.01.2023. Thereafter, the accused was sent to judicial custody on 22.01.2023 and the seized contraband and the two wheeler produced before the Principal Special Court under EC & NDPS Act, Chennai. The Inspector of Police sent the samples of contraband to the Forensic Lab, Chennai for chemical analysis on 27.09.2023 and the report is yet to be obtained.
4.He further submitted that the petitioner, owner of the vehicle, filed a petition before the Court below in Crl.M.P.No.6664 of 2023 seeking return of vehicle Hero Splendor Black Colour bearing registration No.TN- 05-CB-3526 and the same was dismissed on 26.09.2023. Challenging the same, the present Criminal Revision Case has been filed. He further Page No.4 of 8 https://www.mhc.tn.gov.in/judis Crl.R.C.No.2025 of 2023 submitted that this Court in Crl.R.C(MD)No.41 of 2019, dated 16.06.2023 had given directions to the Special Court with regard to disposal of the conveyance articles seized under the NDPS Act. In view of the above, he prays for dismissal of the criminal revision case.
5.Considering the submissions made and on perusal of the materials available on record, it is seen that the petitioner has got no bad antecedents and he has not involved in any other case of similar nature. Further, it is seen that from the date of seizure, the vehicle is kept in open space exposing to vagaries of weather, further detention would cause damage to the vehicle, in result, the value of the vehicle will get diminished and vehicle would become immobile. Added to it, the Apex Court in the case of Sainaba vs. The State of Kerala and another in Criminal Appeal No.2005/2022 [SLP (CRL.) No.72080/2022] by following the judgment of the Apex Court in the case of “Sunderbhai Ambalal Desai Versus State of Gujarat reported in 2002 10 SCC 283” released the vehicle which was involved in the NDPS Act. Further, the learned Government Advocate (Crl. Side) objected return of property by referring to the order of this Court in Crl.R.C.(MD).No.41 of Page No.5 of 8 https://www.mhc.tn.gov.in/judis Crl.R.C.No.2025 of 2023 2019 dated 16.06.2023, but it is seen that in the said order, the decision of the Apex Court in Sainaba's case has not been referred to. In view of the decision of the Apex Court on this point as laid down which is binding under Article 141 of the Constitution of India, this Court is inclined to allow return of property.
6.Accordingly, this Criminal Revision Case is allowed and the impugned order dated 08.11.2023 passed by the learned Principal Special Judge, Principal Special Court under EC & NDPS Act, Chennai in Crl.M.P.No.6664 of 2023 is set aside. In view of the same, the learned Principal Special Judge, Principal Special Court under EC & NDPS Act, Chennai is directed to return the Motor cycle Hero Splender, bearing Registration No.TN-05-CB-3526 to the petitioner, on the following conditions:-
(i) The petitioner shall execute a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with one surety to the satisfaction of the learned Principal Special Judge, Principal Special Court under EC & NDPS Act, Chennai;
(ii) The petitioner to produce Form-29 and Form-30 for purchase of Page No.6 of 8 https://www.mhc.tn.gov.in/judis Crl.R.C.No.2025 of 2023 vehicle from the original owner and other related documents. Thereafter, on return of vehicle, the same to be produced before the concerned RTO and necessary ownership changes to be made in the registration certificate of the vehicle and thereafter, to produce the same with self attested photostat copy along with confirmation affidavit before the Court below within a period of two months from the date of handing over of vehicle to the petitioner. The learned Principal Special Judge shall peruse the RC book and other records, retain xerox copy of the same and return the original RC book to the petitioner;
(iii) The petitioner shall not alter or alienate the vehicle in any manner till adjudication is over;
(iv) The petitioner shall also give an undertaking that he will produce the vehicle as and when required by the respondent and by the court below.
28.02.2024 Index : Yes/No Speaking Order/Non Speaking Order Neutral Citation: Yes/No cse Page No.7 of 8 https://www.mhc.tn.gov.in/judis Crl.R.C.No.2025 of 2023 M.NIRMAL KUMAR, J.
cse To
1.The Inspector of Police, PEW-Gummidipoondi Police Station, Tiruvallur District.
2.The Principal Special Judge, Principal Special Court under EC & NDPS Act, Chennai.
3.The Public Prosecutor, High Court, Madras.
Crl.R.C.No.2025 of 2023
28.02.2024 Page No.8 of 8 https://www.mhc.tn.gov.in/judis