THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.1088 OF 2023
O R D E R:
This Criminal Petition is filed under Section 482 read with Section 451 and 457 of the Code of Criminal Procedure, 1973, to release of Pulsar Motor Cycle Vehicle bearing No.TS-24-G-2376 seized in F.I.R.No.238 of 2022 dated 10.08.2022 on the file of Narsampet Police Station, Warangal district registered under Sections 8(c) read with 20 (b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985.
2. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of respondent No.1 - State. Perused the entire material on record.
3. The petitioner herein claiming to be the owner of the said crime vehicle, filed an application before learned Judicial First Class Magistrate, Narsampet. The same was Crl.P. No.1088 of 2023 2 returned on 02.01.2023 with an endorsement "this Court not having jurisdiction. Hence returned".
4. In Mohanlal1, the Hon'ble Supreme Court gave certain guidelines in paragraph No.20, which are as follows:
"20. To sum up we direct as under:
(1) No sooner the seizure of any Narcotic Drugs and Psychotropic and controlled Substances and Conveyances is effected, the same shall be forwarded to the officer in-charge of the nearest police station or to the officer empowered Under Section 53 of Act. The officer concerned shall then approach the Magistrate with an application Under Section 52A(ii) of the Act, which shall be allowed by the Magistrate as soon as may be required Under Sub-Section 3 of Section 52A, as discussed by us in the body of this judgment under the heading 'seizure and sampling'. The sampling shall be done under the supervision of the magistrate as discussed in paras 13 and 14 of this order.
(2) The Central Government and its agencies and so also the State Governments shall within six months from today take appropriate steps to set up storage facilities for the exclusive storage of seized Narcotic Drugs and Psychotropic and controlled Substances and Conveyances duly equipped with vaults and double locking system to prevent theft, pilferage or replacement of the 1 (2016)3 SCC 379 Crl.P. No.1088 of 2023 3 seized drugs. The Central Government and the State Governments shall also designate an officer each for their respective storage facility and provide for other steps, measures as stipulated in Standing Order No. 1/89 to ensure proper security against theft, pilferage or replacement of the seized drugs.
(3) The Central Government and the State Governments shall be free to set up a storage facility for each district in the States and depending upon the extent of seizure and store required, one storage facility for more than one districts.
(4) Disposal of the seized drugs currently lying in the police maalkhans and other places used for storage shall be carried out by the DDCs concerned in terms of the directions issued by us in the body of this judgment under the heading 'disposal of drugs'."
5. In Sunderbhai Ambalal Desai2, the Hon'ble Apex Court held that whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles. Various High 2 (2002) 10 SCC 238 Crl.P. No.1088 of 2023 4 Courts in the judgments stated above, after referring to various provisions of the Act, including Sections - 52-A, 60 and 63 and various provisions of Cr.P.C., and also the principle laid down in Sunderbhai Ambalal Desai and Mohanlal, ordered to be released the vehicles seized in the crimes for the offences under the Act.
6. In view of the above said legal position, this Criminal Petition is allowed, directing the Station House Officer, Narsampet Police Station, Warangal district, to produce the crime vehicle (i.e., Pulsar Motor Cycle Vehicle bearing No.TS-24-G-2376) before the designated Court (learned Judicial First Class Magistrate, Narsampet) within a period of one (01) week from the date of receipt of a copy of this order. On such deposit, the designated Court shall return the crime vehicle to the petitioner/owner of the vehicle on proper verification of ownership as an interim custody on the following conditions.
i) The petitioner/owner of the crime vehicle shall furnish a personal bond for a sum of Rs.20,000/- (Rupees Crl.P. No.1088 of 2023 5 Twenty thousand only) with one surety for a like sum to the satisfaction of the designated Court i.e., leaned Judicial First Class Magistrate, Narsampet.
ii) She shall deposit the original registration certificate in respect of the crime vehicle with the designated Court. However, the designated Court shall issue its certified copy to the petitioner to enable her to ply the vehicle on road without there-being any hindrance; and
iii) She shall give an undertaking to the effect that she shall produce the crime vehicle as and when required either before the Investigating Officer or before the Court and that she shall not alienate, alter or change the nature of vehicle.
As a sequel, miscellaneous petition, if any, pending shall stand closed.
_________________ K.SURENDER, J Date: 02.02.2023 tmk Crl.P. No.1088 of 2023 6 Crl.P. No.1088 of 2023 7 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.1088 OF 2023 Date: 02.02.2023 tmk