Nirmala vs State Rep. By
2023 Latest Caselaw 10585 Mad

Citation : 2023 Latest Caselaw 10585 Mad
Judgement Date : 17 August, 2023

Madras High Court

Nirmala vs State Rep. By on 17 August, 2023

                                                                                     Crl.R.C.No.633 of 2023



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 17.08.2023

                                                            CORAM

                                  THE HONOURABLE MRS. JUSTICE R. HEMALATHA

                                                    Crl.R.C.No.633 of 2023


                     Nirmala                                                     ... Petitioner
                                                               Vs.
                     State Rep. by
                     The Inspector of Police,
                     D-5, Pallipattu Police Station,
                     Thiruvallur District.
                     (Crime No.149 of 2022)                                      ... Respondent

                     Prayer : Criminal Revision Case filed under Section 397 r/w. 401 of
                     Criminal Procedure Code to set aside the order dated 04.03.2023 made in
                     Crl.M.P.No.1116/2023 on the file of Principal Special Court Under EC &
                     NDPS Act Chennai.

                                   For Petitioner          : Mr.V.Arunkumar
                                   For Respondent          : Mr.R.Vinothraja, GA (Crl. Side)


                                                             ORDER

Challenging the orders dated 04.03.2023 in

Crl.M.P.No.1116/2023 passed by the learned Principal Special Judge

under EC & NDPS Act, Chennai, the present revision is filed.

https://www.mhc.tn.gov.in/judis Crl.R.C.No.633 of 2023

2. The revision petitioner filed a petition in

Crl.M.P.No.1116/2023 in C.C.No.01/2023 on the file of the above said

Court under Sections 451 & 457 Cr.P.C seeking return of two wheeler

Honda Activa 4G BS IV bearing Reg No.TN 13-J-2162 brown colour

which was seized by the Inspector of Police, D-5, Pallipattu Police

Station, Thiruvallur District in Crime No.149/2022 for the offence

punishable under Sections 8(c) r/w.20(b)(ii)(B) of NDPS Act and 328

IPC.

3. The case of the prosecution is that the revision petitioner is

the mother of the first accused. A1 and A2 were found in illegal

possession of 5.500 Kgs of Ganja on 11.11.2022 by the respondent

police. The contraband was seized from them which was kept in the two

wheeler, namely, Honda Activa 4G BS IV bearing Reg No.TN 13-J-2162.

Both of them were remanded to judicial custody on the same day. The

seized vehicle along with the contraband was produced before the

Principal Special Court under EC & NDPS Act in B.No.395/2022 dated

https://www.mhc.tn.gov.in/judis Crl.R.C.No.633 of 2023

18.11.2022. Therefore, the present revision petitioner filed a petition for

return of the vehicle.

4. The learned Principal Special Judge under EC & NDPS Act

vide her orders dated 04.03.2022 dismissed the petition, challenging

which, this criminal revision is filed.

5. Heard, Mr.V.Arunkumar, learned counsel for the revision

petitioner and Mr.R.Vinothraja, learned Government Advocate (Crl. Side)

learned counsel for the respondent.

6. Mr.R.Vinothraja, learned Government Advocate (Crl. Side)

contended that the investigation in the instant case is completed and that

final report was also filed before the concerned Court in C.C.No.1/2023.

He would further contend that there are 13 cases against the present

accused for the alleged offences of theft and robbery and that the present

petitioner is a habitual offender. Therefore, he would submit that the two

wheeler of the petitioner may not be returned and prayed for dismissal of

https://www.mhc.tn.gov.in/judis Crl.R.C.No.633 of 2023

this revision.

7. Mr.V.Arunkumar, learned counsel for the revision petitioner

contended that out of 13 cases, the accused was acquitted in 9 cases. He

also produced copies of the judgments passed in all these cases. He

further contended that if the seized vehicle is kept in an open space, the

value of the vehicle would diminish over a period of time and hence, he

prayed for return of the same.

8. It is relevant to refer to a decision of the Hon'ble Supreme

Court in Sunderbhai Ambalal Desai and others Vs. State of Gujarat

reported in (2002) 10 SCC 283 in which it was held thus :

“Vehicles “In our view, 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

https://www.mhc.tn.gov.in/judis Crl.R.C.No.633 of 2023

hearing of applications for return of such vehicles.

In case where the vehicle is not claimed by the accused, owner, or the insurance company or by third person, then such vehicle may be ordered to be auctioned by the Court. If the said vehicle is insured with the insurance company, then insuance company be informed by the Court to take possession of the vehicle, which is not claimed by the owner or a third person. If insurance Company fails to take possession the vehicles may be sold as per the direction of the Court. The Court would pass such order within a period of six months from the date of production of the said vehicle before the Court. In any case, before handing over possession of such vehicles, appropriate photographs of the said vehicle should be taken and detailed panchanama should be prepared.”

9. Considering the facts and circumstances of the case and the

fact that the revision petitioner who is the mother of the accused is not

involved in any of the offences, this Court is inclined to allow this

revision. Accordingly, this Criminal Revision Case is allowed and the

impugned order dated 04.03.2023 in Crl.M.P.No.1116/2023 passed by

https://www.mhc.tn.gov.in/judis Crl.R.C.No.633 of 2023

the learned Principal Special Judge, Special Court under EC & NDPS

Act, Chennai is set aside. Learned Principal Special Judge is directed to

return the two wheeler of the petitioner subject to the following conditions

i) the petitioner shall prove the ownership of the vehicle by producing R.C.Book and other relevant records;

ii) the R.C.Book shall be deposited in the Court and the Court shall issue a certificate in this regard.

iii) the petitioner shall execute a bond for a sum of Rs.25,000/-

(Rupees Twenty Five Thousand Only) before the learned Principal Special Judge, Special Court under EC & NDPS Act, Chennai.

iv) the Court may prepare a panchanama in Judicial Form No.82 with regard to the vehicle bearing Reg.No.TN13-J-2162 and such panchanama can be used in evidence.

v) the Court shall take photograph of the vehicle bearing Reg.No.TN13-J-2162 and certify the same under Section 65B of the Central Act 1 of 1972 and such photographs may be used as secondary evidence.