A.P.Karunanidhi v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2023

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Crl.RC.No.619 of 2023 A.P.Karunanidhi ...

Petitioner Vs.

The State represented by The Inspector of Police, H-5, New Washermenpet Police Station, Chennai - 600 081.

Crime No.483 of 2022 ...

Respondent PRAYER: Criminal Revision Petition filed under Section 397 r/w 401 of Criminal Procedure Code, 1973 to set aside the Order dated 05.01.2023 made in C.M.P.No.6468 of 2022 on the file of the learned Principal Special Court under EC & NDPS Act, Chennai and subsequently furnish the copies of the documents relied upon by the prosecution.

For Petitioner : Mr.P.Manish For Respondent : Mr.R.Vinothraja Government Advocate (Crl.Side)

O R D E R

This Criminal Revision Petition has been filed challenging the order passed by the learned Principal Special Court under EC & NDPS Act, Chennai dated 05.01.2023 made in C.M.P.No.6468 of 2022 and to return the vehicle, Silver Colour TATA Tiago Car bearing registration No.TN05 BH 2153 to the petitioner /owner of vehicle.

2. It is the case of the prosecution that on 20.07.2022, on secret information when the respondent police went to No.B Block, MPT Quarters, New Washermenpet, the accused were found illegally selling ganja and hence a case in Crime No.483 of 2022 was registered for the offences under Sections 8[C], 9A read with 21[a], 21[C], 25[A] of NDPS Act and the

vehicle, Silver Colour TATA Tiago Car bearing registration No.TN05 BH 2153 was seized.

3. The petitioner is the owner of the above said car and he filed a petition in C.M.P.No.6468 of 2022 before the Trial Court to release the vehicle to him. But it was dismissed, vide order dated 05.01.2023 on the ground that the seized contraband is of commercial quantity and based on the objections raised by the prosecution. Hence, challenging the above said order, the petitioner filed the present Revision case.

4. The learned counsel for the petitioner submitted that the petitioner is the owner of the vehicle, Silver Colour TATA Tiago Car bearing registration No.TN05 BH 2153. He further submitted that if the vehicle is kept for a long time in the open space, it would cause damage to the vehicle and that the vehicle is not involved in any case of similar in nature and the petitioner is ready to give appropriate guarantee as well as security for return of vehicle and also he will produce the vehicle, as and when required either before the respondent police or before the Trial Court. Hence, he prayed to

return the vehicle to the petitioner.

5. The learned Government Advocate [Criminal Side] appearing for the respondent submitted that the petitioner is owner of the vehicle, Silver Colour TATA Tiago Car bearing registration No.TN05 BH 2153 and since the above said vehicle was used in selling Ganja illegally, it was seized and hence, he objected to return the vehicle to him. He further submitted that the vehicle is not involved in any previous case of similar nature.

6. Heard the learned counsel appearing for the petitioner and the learned Government Advocate [Criminal Side] appearing for the respondent and I have perused the materials on record.

7. A perusal of the records shows that, the respondent police registered a case in Crime No.483 of 2022 for the offences under Sections 8[C], 9A read with 21[a], 21[C], 25[A] of NDPS Act with regard to illegally selling of ganja. The petitioner is A6. Further, it reveals from the records

that the petitioner is the owner of the vehicle, Silver Colour TATA Tiago Car bearing registration No.TN05 BH 2153 and it was seized by the respondent police. The Trial Court dismissed the petition in C.M.P.No.6468 of 2022, filed by the petitioner, the seized contraband is of commercial quantity and based on the objections raised by the prosecution. It is the contention of the learned counsel for the petitioner that the petitioner is ready to give guarantee and security for returning the vehicle and if the vehicle is being kept idle in open space, it would cause damage to the vehicle.

8. At this juncture, it is relevant to rely upon a decision of the Hon'ble Supreme Court in Sunderbhai Ambalal Desai and others Vs. State of Gujarat in Special Lave Petition (Crl.)2745 of 2022 dated 01.10.2002 wherein the Hon'ble Supreme Court has held that in order to protect the property, the Apex Court has directed to handover the seized articles to the owner on proper Panchnama.

9. Considering the above aspects and also as per the ratio laid down

by the Hon'ble Apex Court, this Court is of the view that, keeping the vehicle idle in the open space, will diminish its nature and lose its value and no purpose will be served. As such, considering the nature of offence, this Court is inclined to allow the Revision Petition.

10. Accordingly, this Criminal Revision Case is allowed and the impugned order passed by the Trial Court is set aside. The respondent police is directed to return the vehicle to the owner on the following conditions : i. the petitioner shall prove his ownership of the vehicle by producing the R.C.Book and other relevant records;

ii. the petitioner shall execute a personal bond for a sum of Rs.10,00,000/- (Rupees ten lakhs only) before the learned Principal Special Court under EC & NDPS Act, Chennai and the learned Magistrate shall not insist on production of solvency certificate.

iii. the Court may prepare a panchnama in Judicial Form No.82 with regard to the vehicle and such panchanama can be used in evidence.

iv. the petitioner shall take photograph of the vehicle and certified under Section 65B of the Central Act 1 of 1972 and such photographs may be used as secondary evidence. v. the petitioner shall not alienate or encumber the vehicle in any manner;

vi. the petitioner shall give an undertaking that he will not use the vehicle for any illegal activities in future, vii. the petitioner shall also produce the vehicle as and when required before the court below and before the respondent police. 12.06.2023 Index: Yes/No Internet: Yes/No vrc

To

1. The Principal Special Court under EC & NDPS Act, Chennai

2. The Inspector of Police, H-5, New Washermenpet Police Station, Chennai - 600 081.

3. The Public Prosecutor, Madras High Court.

V.SIVAGNANAM, J., vrc Crl.RC No.619 of 2023 12.06.2023