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This criminal revision case has been filed to set aside the order of dismissal passed by the Learned Principal Special Judge under EC & NDPS Act at Chennai in the petition filed u/s. 451 & 457 of Cr.P.C. for return of property in Crl.M.P.No.1562 of 2023 in Cr.No.76 of 2022 (on the file of the respondent) and to return a bright yellow and matt pulsar NS 200 bearing registration number TN 10 BK 0159 vide Chassis No.MD2A36FY8KCH54287 and Engine No.JLYCKH25385 and phone POCO M2 PRO – Green and Greener seized by the respondent police in Crime No.76 of 2022.

2.The case of the prosecution is that on 11.04.2022 at about 23.50 hours, Tr.D.Nadarajan, the then Inspector of Police have received secret information about the illegal transport of dry ganja and entered the same in the General Diary. Then, Tr.Siva, Sub Inspector of Police along with the police team went to the scene of occurrence i.e. Kadambathur Railway station, at that time, accuse persons were standing there and on seeing the police, the accused https://www.mhc.tn.gov.in/judis persons tried to escape from that place. Immediately, the police caught hold of the accused persons, during the enquiry, came to know that the accused persons namely Dimothi/A3, Sriram/A4, Rohan/A1 and Prithvi/A2. The Sub Inspector of Police informed the accused persons as per Section 50 of NDPS Act. During search, found that 15 Nos. LSD Stamps from A1's Balleno Car bearing reg.No.TN-10-BM-3339 and found 10 nos. LSD Stamp, MDMA Tablets-26 Nos, Meth Crystal – 1gram from A3's Scorpio Car bearing reg.no.TN-02-AT-7099. Immediately, the Sub Inspector of Police have arrested the abovesaid accused A1 to A4 and seized TN-10-BM-3339 Balleno car, TN-10-BK-0159 Pulsar 200 NS iphone-1 and POCO phone – 1 from the accused Rohan/A1 and also seized TN-02-AT-7099 Scorpio Car, iphone-1 and Redmi phone-1 from the accused Dimothi/A3 and recorded their confession statements as per Section 63 of NDPS Act. Based on the accused persons A1 to A4 confession statements, the other accused persons A5 to A9 were arrested by the respondent police and seized 90 Nos. Yaba tablets from A5's Royal Enfield bike bearing reg.No.MH-49-BL-9851 and also found 1500 nos. Yaba tablets from A7's bags and seized the abovesaid two wheeler, one plus phone- https://www.mhc.tn.gov.in/judis 2 from A5 and Redmi phone -2 and realme-1 from A7 and recorded their confession statements. Based on the confession of A5 to A9, some more accused A10 to A12 were arrested and seized 2 ½ kgs of Ganja from them and iphone-2, Samsung- 1, Redmi-1 from the A10. Based on the above, a case was registered in Crime No.76 of 2022 under Section 8 (c), r/w.20(b)(ii)(B), 22(b), 22(c), & 25, 29(1) of NDPS Act, 1985 against the accused 1 to 12. The seized materials were produced before the Special Court for EC/NDPS Act Cases, Chennai on the same day and the same were taken on file vide. A.No.497 of 2022 & B.No.217 of 2022. Since the petitioner/A2 is the owner of the properties, namely, bright yellow and matt pulsar NS 200 bearing Registration No.TN 10 BK 0159 and phone POCO M2 PRO Green and Greener, he filed a petition in Crl.MP.No.1562 of 2023 in Cr.No.76 of 2022 before the Principal Special Court under EC & NDPS Act, Chennai – 104 for return of properties. The trial court dismissed the petition on the ground that the seized contraband are of commercial quantity and objection was made by the Special Public Prosecutor.

6. Heard both sides and perused the entire materials available on record.

7. On perusal of records, it is seen that on 11.04.2022 at about 23.50 hours, on receiving secret information about the illegal transport of dry ganja, then, Tr.Siva, Sub Inspector of Police along with the police team went to the scene of occurrence i.e. Kadambathur Railway station and caught hold of the accused persons A1 to A4 and found that 15 Nos. LSD Stamps from A1's Balleno Car bearing reg.No.TN-10-BM-3339 and found 10 nos. LSD Stamp, MDMA Tablets-26 Nos, Meth Crystal – 1gram from A3's Scorpio Car bearing reg.no.TN-02-AT-7099 and seized TN-10-BM-3339 Balleno car, TN-10-BK- 0159 Pulsar 200 NS iphone-1 and POCO phone – 1 from the accused Rohan/A1 and also seized TN-02-AT-7099 Scorpio Car, iphone-1 and Redmi phone-1 from the accused Dimothi/A3 and recorded their confession https://www.mhc.tn.gov.in/judis statements as per Section 63 of NDPS Act. Based on the accused persons A1 to A4 confession statements, the other accused persons A5 to A9 were arrested by the respondent police and seized 90 Nos. Yaba tablets from A5's Royal Enfield bike bearing regi.No.MH-49-BL-9851 and also found 1500 nos. Yaba tablets from A7's bags and seized the abovesaid two wheeler, one plus phone- 2 from A5 and Redmi phone -2 and realme-1 from A7 and recorded their confession statements. Based on the confession of A5 to A9, some more accused A10 to A12 were arrested and seized 2 ½ kgs of Ganja from them and iphone-2, Samsung- 1, Redmi-1 from the A10. Based on the above, a case was registered in Crime No.76 of 2022 under Section 8 (c), r/w.20(b)(ii)(B), 22(b), 22(c), & 25, 29(1) of NDPS Act, 1985 against the accused 1 to 12.

https://www.mhc.tn.gov.in/judis

10. In the result, this Criminal Revision Case is allowed and the impugned order passed by the Trial Court is set aside. The interim custody of the bright yellow and matt Pulsar NS 200 bearing Reg.No.TN 10 BK 0519 and phone POCO M2 PRO Green and Greener are ordered to be handed over to the petitioner, who is the owner of the property on the following conditions.